The economic downturn and loss of jobs have resulted in millions of people getting to the point of losing their homes. This has happened because during good times, home loans were made easily available to all people. With the homes mortgaged to lenders, the borrowers had to pay monthly installments for a fixed period, after which they could claim possession of the home. Trouble started when a large majority of borrowers, after losing their jobs could not make the installments for repayment.
Eligibility for Home Affordable
The lenders themselves were in dire straits and resorted to all methods both legal and otherwise, to recover the money lent. They started foreclosure proceedings, in respect of all properties against which, there was a heavy accumulation of unpaid loan installments. With millions of people on the verge of losing their homes, the Government has intervened and brought out the Home Affordable program. This program has been designed to help people not to lose their homes.
The program stipulates a number of eligibility criteria for availing the benefits of the program. Only loans taken before 2009 for owner-occupied properties are eligible. The beneficiary applying for the program has to convince the authorities about the income with stubs of paychecks, tax returns, and affidavit regarding financial hardship. Properties that are not for homes are not eligible. It is also advised that a borrower may seek the help of mortgage brokers or foreclosure defense attorneys.
Progress made so far
Homeowners, who have been affected by the foreclosure, are not fully satisfied by the progress that has been made in implementing the program. The slowness has been attributed to the attitude of loan servicing officials and lenders. It is understandable that progress is slow considering the number of applications that will have to be processed. So far, less than 10% of the homeowners have succeeded to get the lenders to join the program.
Even with the incentives from the Government, the lenders are reluctant to join the program. There are several incentives to both the lender and homeowners, to settle the repayment schedules. As the incentive is meager, there is no real progress. Many properties have lost about half the equity value because of the recession.
Market watchers of the scene are of the view foreclosures will continue and will not see an end. The only solution is an improvement in employment, and the borrower will then be able to convince the lender that he is in a position to restart the payment regularly.
Greatest Benefits of Lien Foreclosure
With the continuing housing crisis these days, many associations are taking aggressive steps to try as well as recoup unpaid assessments. Among the number of options available, the best choice that can be made by any association would be the lien foreclosure action. It is a lawsuit, which is filed in order to foreclose a lien for the unpaid assessments.
If the owner fails to pay back the entire amount that is held by the lien, the property is sold at a public auction. Mostly, the association becomes the new owner of that property. A lien is a kind of claim against the encumbered property for a debt. The lien foreclosure lawsuits permit foreclosure of the lien, in the same manner, that any bank forecloses a loan. The sale is a public auction, ordered by the court, and open for everyone to bid.
How Does It Work
The association makes an automatic bid, which is called the “judgment credit”. The association does not actually pay and make other bids. If any other party makes a higher bid than the judgment credit of the association, then that party wins the auction, and it becomes the new owner. In case there are no bids, the association would be the owner of that property.
Deciding Factors for the Lien Foreclosure
There are certain factors to be considered before deciding whether to foreclose. Since it is a lawsuit, the procedure involves an attorney and his or her fees. However, the cost can be charged to the owner.
Another important factor is the condition of the property and its occupancy status. If the association wants to give the property on rent, after it overtakes, additional money would be required to renovate the property in order to bring it up to a rentable condition.
Although there are many liabilities and expenditures involved, in some situations, renting the property is the only option to collect assessments. A realtor proves to be a great advantage in this situation.
The biggest consideration during lien foreclosure is whether the property is in loan foreclosure. If the bank is going to overtake the property at some time, then taking a lien foreclosure action is worthwhile.
However, if the association takes the property, it does not have personal liability for a mortgage. The bank can still foreclose the property, but the association need not pay the loan. The association can collect rent during the time the bank completes the foreclosure.
Know Everything about Lien Foreclosure
The housing crisis has led several associations to take stringent steps to recoup unpaid assessments. These days, many options are available, but the most suitable option is a lien foreclosure for any association. A lawsuit is usually filed in order to foreclose a lien for any unpaid assessment.
Whenever the borrower is unable to pay back the entire amount that is held by the lien, the property is sold at a public auction. Many times, the association itself is the new owner of that property. A lien is a kind of claim, which is put against an encumbered property for debt. The lien foreclosure lawsuits allow a foreclosing lien in such a way that the banks foreclose the loan. The sale will be a public auction, which is open for everyone to bid.
Lien Foreclosure: The Procedure
The association usually makes an automatic bid, which is commonly called as “the judgment credit.” The association would pay and even make the other bids. When any other person or organization makes a bid that is more than the judgment credit, that person or organization would be the winner of the auction as well as the new owner of the home. In case no bids are being placed, the association becomes the new owner of the home.
Deciding Factors for Lien Foreclosure
There are several deciding factors for a lien foreclosure to take place. The procedure is a lawsuit. Thus, it also involves an attorney and other expenditures. The cost of the entire process is charged to the owners. Other major factors would be the condition of the property as well as the occupancy status. When the association decides to give the home on rent once it overtakes, some extra money is needed in order to renovate the property and make it to the rentable condition.
Although the process involves various liabilities and expenditures, however, in certain situations the only option to collect the assessment is to rent the property. The realtor in that case gains the maximum profits. The main consideration is whether the foreclosure falls under lien foreclosure.
When the banks are planning to overtake the home, then the lien foreclosure is the most suited option. Whenever the association would take over the property, the association does not have any kind of personal liability for the mortgage.