fisc-ny.com

Before you get too far ahead into the foreclosure struggle, gather important documents, files and other materials you are going to be asked to deliver at some point in the foreclosure process.

Mortgage, contract for deed or deed of trust: If you financed the transaction of your home through a bank, then you should have a deed of trust or mortgage. If the seller offered financing, you may get a contract for deed. All three documents specify your agreement with the lender, name the house as collateral for the debt, explain what the lender will do in the event of a default, and maybe even explain what the bank should do before foreclosing.

Note: Contract or promissory note is your promise to pay the debt in full. The deed of trust or mortgage backs up your financial promise by offering your home as collateral. The note describes what you agreed and understood when you took the loan and what the bank may do if a deficiency comes up; that is, if the proceeds from the home auction are not enough to cover you debts.

Modifications to the note or mortgage: If your bank agreed to alter the note or mortgage in the past, you should have the written documents showing those changes, including past forbearance agreements.
Deed: The deed shows you as the lawful owner of the property asset, but it may also include warranties from the seller. You need to understand the type of deed you own and what that deed warrants.

Correspondence: Keep a copy of all documents and letters the bank and its attorney gives you and anything you give the bank.

Notice of default: Save a copy of the NOD (notice of default). If your jurisdiction expects the lender to issue the NOD once a week for several weeks in the local newspaper or legal news, then cut it out every week along with the header of the newspaper to accurately show the publication date. If you’re about to challenge that the notice was not properly published, you must have this information to prove the case. Read the notice carefully to ensure the information is correct and complies with what the bank agreed in the note or mortgage.

Trustee’s or sheriff’s deed: If your home has already been sold to other people, obtain a duplicate of the trustee’s or sheriff’s deed, which should also contain information about the redemption period (if any) and where you may go to redeem your home. Check the deed carefully for any errors; you may be able to dispute the sale if the deed contains serious errors.
Canceled checks: If you sent mortgage payments to the bank or the bank cashed the checks in and mysteriously failed to credit your account, you must have a copy of the checks you sent previously. These can be important in proving that you paid punctually when the bank erroneously claims you didn’t.

Bank statements: This can come in handy to prove checks that have been cashed in. If you choose to refinance your way out of the upcoming foreclosure or take out another loan to reinstate the mortgage, usually lenders wish to see your latest bank statements, as well.

Listing agreement: If you choose to place your house on the property market, get listing agreements from the real estate agent proving that you are planning to sell your house. You should also keep duplicates of any offers you get. In addition, ask your real estate agent to supply you with Read the rest of this entry »

When foreclosure finally strikes, the first and essential order of business is to get a handle on your finances situation. Do whatever possible and achievable to keep more money flowing in than flowing out – try to boost your income with a second job or overtime, slash unnecessary spending, and sock away as much cash as possible.

What you do with the savings and added income depends exclusively on your strategy. If you are committed to saving your house, set aside the surplus cash for reinstating the mortgage or working out a payment plan with your bank. If saving your house is a lost cause, you may choose to squirrel away as much cash during the redemption phase as possible, so you have adequate nest egg to take when you move. Tucked in the sleeves of homeowners facing foreclosure threat is the bankruptcy card – a potent card that can halt foreclosure in its tracks. When you file for bankruptcy, you get an automatic stay telling your creditors to back off.

However, the automatic stay is only temporary solution until the court approves the bankruptcy filing or one of the Read the rest of this entry »