avoid foreclosure

The guidance below is applicable to homeowners with FHA Insured loans. While a good deal of this information may apply to all homeowners in danger of losing their homes, not all of the foreclosure avoidance tools mentioned may be available to you if you have a VA or conventional loan. Additionally, HUD/FHA does not have any Loss Mitigation oversight over VA or conventional loans. Please contact your lender or a housing counseling agency.

Foreclosure Help Question #1: What Happens When I Miss My Mortgage Payments?

Foreclosure may occur. This is the legal means that your lender can use to repossess (take over) your home. When this happens, you must move out of your house. If your property is worth less than the total amount you owe on your mortgage loan, a deficiency judgment could be pursued. If that happens, you not only lose your home, you also would owe HUD an additional amount. Both foreclosures and deficiency judgments could seriously affect your ability to qualify for credit in the future. So you should try stopping foreclosure if possible.

Foreclosure Help Question #2: What Should I Do?

DO NOT IGNORE THE LETTERS FROM YOUR LENDER. If you are having problems making your payments, call or write to your lender's Loss Mitigation Department without delay. Explain your situation. Be prepared to provide them with financial information, such as your monthly income and expenses. Without this information, they may not be able to help. Stay in your home for now. You may not qualify for assistance if you abandon your property. Contact a real estate attorney (773) 298-0710. A real estate attorney is a valuable resource. They frequently have information on services and programs offered by Government agencies as well as private and community organizations that could help you. The housing counseling agency may also offer credit counseling. These services are usually free of charge.

Foreclosure Help Question #3: What Are My Alternatives?

You may be considered for the following:

Stopping Foreclosure Alternative #1: Special Forbearance.

Your lender may be able to arrange a repayment plan based on your financial situation and may even provide for a temporary reduction or suspension of your payments. You may qualify for this if you have recently experienced a reduction in income or an increase in living expenses. You must furnish information to your lender to show that you would be able to meet the requirements of the new payment plan.

Stopping Foreclosure Alternative #2: Mortgage Modification.

You may be able to refinance the debt and/or extend the term of your mortgage loan. This may help you catch up by reducing the monthly payments to a more affordable level. You may qualify if you have recovered from a financial problem and can afford the new payment amount.

Stopping Foreclosure Alternative #3: Partial Claim.

Your lender may be able to work with you to obtain a one-time payment from the FHA-Insurance fund to bring your mortgage current. You may qualify if:

When your lender files a Partial Claim, the U.S. Department of Housing and Urban Development will pay your lender the amount necessary to bring your mortgage current. You must execute a Promissory Note, and a Lien will be placed on your property until the Promissory Note is paid in full.The Promissory Note is interest-free and is due when you pay off the first mortgage or when you sell the property.

Stopping Foreclosure Alternative #4: Pre-foreclosure sale.

This will allow you to avoid foreclosure by selling your property for an amount less than the amount necessary to pay off your mortgage loan. You may qualify if:

Stopping Foreclosure Alternative #5: Deed-in-lieu of foreclosure.

As a last resort, you may be able to voluntarily "give back" your property to the lender. This won't save your house, but it is not as damaging to your credit rating as a foreclosure. You can qualify if:

Foreclosure Help Question #4: How Do I Know if I Qualify for Any of These Alternatives?

Your lender will determine if you qualify for any of the alternatives. A housing counseling agency can also help you determine which, if any, of these options may meet your needs and also assist you in interacting with your lender. 

Foreclosure Help Question #5: Should I Be Aware of Anything Else?

Yes. Beware of scams! Solutions that sound too simple or too good to be true usually are. If you're selling your home without professional guidance, beware of buyers who try to rush you through the process. Unfortunately, there are people who may try to take advantage of your financial difficulty. Be especially alert to the following:

Equity skimming.

In this type of scam, a "buyer" approaches you, offering to get you out of financial trouble by promising to pay off your mortgage or give you a sum of money when the property is sold. The "buyer" may suggest that you move out quickly and deed the property to him or her. The "buyer" then collects rent for a time, does not make any mortgage payments, and allows the lender to foreclose. Remember, signing over your deed to someone else does not necessarily relieve you of your obligation on your loan.

Phony counseling agencies.

Some groups calling themselves "counseling agencies" may approach you and offer to perform certain services for a fee. These could well be services you could do for yourself for free, such as negotiating a new payment plan with your lender, or pursuing a pre-foreclosure sale. If you have any doubt about paying for such services, call a real estate attorney at (773) 298-0710. Do this before you pay anyone or sign anything.

Foreclosure Help Question #6: Are There Any Precautions I Can Take?

Here are several precautions that should help you avoid being "taken" by a scam artist:

You can contact your state's Attorney General, the State Real Estate Commission, or the local District Attorney's Consumer Fraud Unit for this type of information.

Foreclosure Help Question #7: What Are the Main Points I Should Remember?

1. Don't lose your home and damage your credit history.
2. Call or write your mortgage lender immediately and be honest about your financial situation.
3. Stay in your home to make sure you qualify for assistance.
4. Arrange an appointment with a real estate attorney to explore your options at (773) 268-1300.
5. Cooperate with the counselor or lender trying to help you.
6. Explore every alternative to keep your home.
7. Beware of scams.
8. Do not sign anything you don't understand. And remember that signing over the deed to someone else does not necessarily relieve you of your loan obligation.

Stop foreclosure now. Delaying can't help. If you do nothing, YOU WILL LOSE YOUR HOME and your good credit rating.

Borrower Outreach Days

Having trouble paying your mortgage? Meet with lenders and credit counselors during Borrower Outreach Days and learn how to get your finances back on track and keep your home.

The goal of Borrower Outreach Days is to connect Chicago residents with resources designed to help prevent foreclosure. Services include:

Losing a home to foreclosure is an unfortunate reality for some homeowners. When foreclosure happens, everyone loses. Vacant and boarded-up homes can start a devastating cycle of problems for a community.

Mayor Richard M. Daley, the Chicago Department of Housing and Neighborhood Housing Services of Chicago have been working to help prevent foreclosures so families can keep their homes and our neighborhoods can remain strong.

Since 2003, homeowners who are at risk of foreclosure have been getting help through the HomeOwnership Preservation Initiative (HOPI). HOPI has helped more than 1,600 homeowners avoid foreclosure while more than 6,300 families have received credit counseling.

But not everyone facing foreclosure asks for help and that's why the City of Chicago and the City Treasurer's Office are sponsoring Borrower Outreach Days. Homeowners will be able to get help from lenders and homeownership counseling agencies and begin to resolve mortgage payment problems.

Borrower Outreach Days:

Serving Northern Illinois and beyond...

Tel: (773) 268-1300 | Fax: (773) 268-1329

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