The prospect of losing your home to foreclosure can be heartbreaking, and dealing with it can be equally devastating for you and your family. After all, when the bank decides to foreclose on your home, your credit report may be permanently stained -- leaving your financial future scarily uncertain. On top of this, you will be challenged to find a new home and make necessary lifestyle adjustments.
Given the overwhelming amount of work it entails, dealing with a foreclosure can be a grueling endeavor for a lot of homeowners. However, rising above this situation is perfectly possible if you have the right information.
Most people fall into the trap of believing that nothing can be done after your mortgage goes into default. But is important to note that a default status is not a death sentence. Reports show that a large number of homes are saved even after the dreaded default status, with very minimal damage done to the homeowners' credit.
In short, THERE IS HOPE!
Here are few things you have to know before blindly surrendering to the proceedings:
1) Know your rights.
When your home is a candidate for foreclosure, a sufficient understanding of your rights will be a crucial tool in keeping your home, or at the very least limiting the damage done to your credit and overall financial health.
More often than not, you can negotiate with the bank for a modification in your loan. Assuming that your main goal is to keep your house, a small hit on your credit file should be acceptable.
Lenders are also required to follow state laws, and most states require a written notice of default given to the homeowner. The notice should stipulate a certain amount of time for the homeowner to make good on his or her late payments. This means coming up with a plan to gradually settle all amounts due, including interest, penalties, and any other charges allowed by the law or the mortgage.
2) Understand that the banks are not after your home.
It may appear that the banks are working against you in order to get a hold of your home, but this is definitely not the case. The opposite actually holds true, as most banks do not like dealing with such situations. Lenders are in the business of making money through lending--not by reselling foreclosures.
It is in their best interests to keep you in your house, as long as you are willing to remedy the situation within a certain amount of time. Foreclosure is their last resort as much as it is yours.
3) You have to pay for your entire mortgage in order to keep your home.
The default status notification is a tool to communicate urgency--and will most likely include a requirement along the lines of you having to pay your mortgage in full. It is important to be aware, though, that this “acceleration clause” does not imply that you are not allowed to negotiate. Again, when you are willing to cooperate as a homeowner to get your mortgage back in good standing, the lender is most likely to take you up on your offer as long as it is law-abiding and reasonable.
Important note:
If you firmly believe that there has been a mistake (i.e. the amount that the bank/lender is claiming is inaccurate), and that you shouldn't be receiving a default notice, you are allowed to clearly explain in writing why you think the lender is mistaken. Back your claim with the necessary documents that can prove your stand. Even if the explanation is not accepted, you still have the right to go to court along with your evidence. When it comes to this, the documentation you sent to the lender will be a very useful tool.

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Counseling Session Activities
- Prepare the buyer for executing a buyer representation agreement
- Explain agency relationships to the buyer and get state required legal consent to represent, if needed
- Inform the buyer of working relationship based on state law, the REALTORS® Code of Ethics, and the broker’s business policies
Building a Relationship
- Learn the buyer’s wants and non-negotiable needs
- Understand the buyer’s budget and what will be needed financially
- Help the buyer understand what property their chosen budget will buy
- Consider having the buyer fill out a homebuyer’s checklist
- Assist the buyer in examining how much they can afford to spend
- Provide quality lender resources
- Partner with the buyer to locate suitable properties for consideration
- Match the buyer’s needs with available property
- Constantly re-evaluate buyer’s needs and refocus property showings to fit those needs
- After ensuring the buyer understands what is done for them, how it is done,and the benefit to them, obtain signatures on the buyer representation agreement
- Explain how compensation is paid, who pays it, and what the buyer’s options are for paying it
Educating the Buyer
- Communicate the working relationship based on state law, the REALTORS® Code of Ethics, and the broker’s business policies
- Explain Federal and State Fair Housing laws
- Explain what to look for in applicable property disclosures
- Reassure the buyer that their personal information will remain confidential
- Inform the buyer that you will always disclose all known material defects
- In accordance with state law, provide information on checking the sex-offender registry and crime statistics for the neighborhood
- Discuss available resources that the buyer can check to learn more about prospective neighborhoods

Preparing the Buyer
- Explain the timeline for house hunting, mortgage approval, and closing
- Explain the local market and how it impacts the buyer
- Show statistics on what percentage of list price sellers in the area are currentlyreceiving
- Inform the buyer on what home features are popular
- Identify current average days on market
- Share the dangers of using the price per square foot to figure home values
- Explain the concept of absorption rate and how it impacts the buying process
- Indicate current listing months of market inventory
- Share estimated potential out-of-pocket costs to complete the transaction
- Assist the buyer in analyzing the loan estimates
- Qualify the buyer for financial ability to purchase
- Help the buyer account for the complete costs of homeownership
- Prepare lender for listing agent calls
- Assist in comparing different financing options
- Help the buyer select for viewing only those homes that fit their needs
- Proceed in showing homes that fit the buyer’s must-haves
- Caution the buyer on posting information to social media
- Review the sample sales contract so the buyer is prepared when it comes time to make an offer
Showing Properties
- Schedule showings and provide access to all listed properties as soon as they become available in their local MLS broker marketplaces
- Educate the buyer on the immediacy of new listings appearing in their local MLS broker marketplaces and the lag time for them to appear on some websites
- Collaborate with the buyer on properties they may have learned about through their sphere contacts
- Research and assist on all unlisted properties the buyer wishes to see
- Preview properties prior to showing if needed
- Network with other agents to source properties not yet in their local MLS broker marketplaces
- Contact homeowners in focus areas to see if they are considering selling
- Set up an automated email alert system through their local MLS broker marketplaces that immediately notifies the buyer of properties that fit discussed requirements
- Arrange a tour of areas, schools, and key points of interest
- Provide resources containing neighborhood information on municipal services,schools, etc.
- Inform the buyer of negative aspects like nearby venues or operations that may result in issues that could impact value
- Collect and share any other vital information on available homes, remembering to follow all fair housing laws at all times
- Check applicable zoning and building restrictions
- Help the buyer decipher public property and tax information
- Collect and share pertinent data on values, taxes, utility costs, etc.
- Compare each property shown to the buyer’s wants and needs list and remind them of what they were looking for
- Help the buyer narrow the search until the buyer identifies top choices
Negotiating Offers
- Assist the buyer in getting the best property at the best price
- Suggest that the buyer learn more about the neighborhood prior to makingan offer
- Prepare a comparative market analysis (CMA) in advance of making an offer
- Prepare the buyer to have the most attractive offer in the current marketplace
- Explain common contract contingencies and include approved protective clauses in the purchase offer
- Ensure that the buyer receives and understands all state and federally-required disclosure forms
- Prioritize contract negotiation goals with the buyer
- Help create a negotiating strategy
- Use strategies such as an escalation clause to maintain a competitive offer
- Prepare the buyer for a multiple offer situation and develop negotiation strategies
- Write an offer that has a reasonable chance of being accepted
- Recommend optional contingencies and explain the pros and cons of using them
- Provide information on purchasing incentives that may be available
- Discuss financing alternatives
- Negotiate the buyer’s offers to arrive at the best price and terms
- Utilize hyperlocal expertise and strong communication skills to assist the buyer in being the successful offer

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