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Introduction
Be
Prepared For Homeownership
Planning
For The Unexpected
If
Your Mortgage Becomes Delinquent
What
To Do When You Default On Your Mortgage
Mortgage
Loan Workout Plans
Introduction
Acquiring your first home, or a larger one to meet growing family
needs, usually focuses all of your attention on accumulating the
down payment and qualifying for the financing on the property
you have selected. There is a sense of relief when the loan is
finally closed and you have settled in the house. It will not
take long, however, before you will have to face the financial
responsibilities that home ownership imposes.
If you are a first-time home buyer, many of
the problems that you simply turned over to the landlord (or your
parents) are now yours to fix and pay for. If you have moved from
a small house into a larger one, you may find the expenses of
maintaining the property have grown along with its size. In either
case, careful planning and budgeting are essential in order to
guard against financial problems in the future.
Your home is a major investment and you have
a great deal to lose if you default on your mortgage payments
or fail to maintain the property. Planning for unexpected situations
as well as the routine costs of owning a home can help
you avoid foreclosure or bankruptcy when emergencies arise.

Be Prepared For Homeownership
The expenses of owning a home go beyond the monthly mortgage and
utility payments, and can create financial difficulties, particularly
for first-time home buyers who have minimal cash reserves. Mechanical
failures in the plumbing, electrical and heating systems seem
to occur at the worst possible times, but have to be repaired.
If you have purchased an older home, complete replacement of water
heaters, furnaces or kitchen appliances may be needed. You should
have drawn up a budget before beginning your search for a home,
making allowances for such expenditures. If you did not, it is
time that you begin to accumulate adequate reserves to deal with
such emergencies.
In a newer property, your immediate expenses
may be confined to landscaping, interior decoration and furnishings.
Under normal conditions, mechanical items and appliances will
be under warranty for six months to a year and will not require
major expenditures, but may need minor repairs.
In an older property, replacement of major items
can be very expensive. You should have determined the age of the
furnace, hot water heater, air conditioning system, kitchen appliances
and the roof. Your home inspector's report probably noted the
ages of these major items. If they are older then half their expected
useful life, you will need to plan for the costs of the replacement.
Set up a budget and plan for both regular maintenance
and major repairs. Establish an emergency fund for repairs and
appliance replacement. Know what sources of financing are open
to you when a major item such as the roof or heating system has
to be replaced. These are things that can cost thousands of dollars
and you may have to finance them through a home equity loan, a
second mortgage or an installment loan. Determine which kind of
loan you are likely to qualify for, the pros and cons of the alternatives
and have a plan for dealing with a major expense.
Your budget should also include a reserve for
making your mortgage payments in the event
of illness or loss of income in the future.

Planning For The Unexpected
While over-obligating yourself or unexpected repair bills may
jeopardize your ability to keep up your house payments, the primary
causes of foreclosure and bankruptcy are unanticipated personal
crisis. More homeowners lose their homes because of illness, loss
of employment or marital problems than all other reasons combined.
None of us factor these things into our plans
for the future, but you should know about some of your alternatives
if you find yourself in such a position. It is much easier to
look at alternatives and plan an effective course of action before
you are in trouble and in a state of anxiety and stress.
Sometimes you can see the trouble coming before
financial problems begin. An advance notice of a layoff means
the family income will be severely cut back or eliminated in the
near future. A major medical operation or property repair bill
may be more than you can afford to repay, even with a short term
loan. You have to address the situation as soon as possible or
risk losing your home.
There can be a number of local sources that
can help you get over the hump. Churches and civic groups may
have assistance programs or may know what is available. Non-profit
organizations, particularly housing assistance groups or counseling
agencies, may manage special assistance programs. State
and local housing agencies are also places to inquire for help.
If Your Mortgage Becomes
Delinquent
The day of the month on which your mortgage payment is due, usually
the first day of the month, is set out in the mortgage note. Your
payment is considered late if the lender receives it after the
due date, and the lender usually will charge a late payment fee
when the money is not received within 15 days of the due date
(the timing and amount of late charges may vary from lender to
lender). Payments made, including any late charges assessed, before
the next payment due date will be accepted by the lender, but
if you owe two or more mortgage payments, your home is in serious
jeopardy. Unless specific arrangements are made with your lender,
you must remit all payments and late charges before the money
will be accepted and the loan considered current.
When three or more mortgage loan payments are
due and unpaid, the loan may be given to the lender's attorney
and foreclosure proceedings initiated. The entire balance of the
loan may be due and payable immediately. In addition to the loan
payments due, you are liable for legal fees incurred by the
lender. At this point, you are in serious danger of losing your
home.

What To Do When You
Default On Your Mortgage
No lender wants to foreclose on a mortgage. Foreclosure costs
them more money than they can make back from the foreclosure sale.
Therefore, lenders do not foreclose in order to make money, but
only reluctantly as a way of limiting losses on a defaulted loan.
This is why, if you get behind on your mortgage payments, your
lender will work with you to devise a practical plan to cure the
default and bring the loan current. In order to do so, however,
you must stay in communication with your lender and be honest
in evaluating your financial situation.
The willingness of the lender to work with you
to get past your current problems will depend heavily on your
past payment record. If it shows consistently timely payments
and no serious defaults, you will find the lender much more receptive
than if you have a record of unexplained chronic late payments.
If you are falling behind in your payments,
or know that you are likely to in the immediate future, there
are some steps that you should take before talking with the lender
about alternative payment arrangements.
First, you need to prepare a monthly list of
your income and expenses, using realistic figures based on your
current financial situation. You will also need to put together
a complete financial disclosure package, showing your assets and
liabilities, including all debts and monthly payments and when
they are due. Pay stubs, unemployment check stubs or other proof
of current income should be in the package, along with two years'
tax returns. Get an estimate of the value of your property. You
can usually get a local real estate broker to give you an idea
of the current market value, free of charge. Finally, prepare
a written explanation of your situation for the lender and offer
any plan or suggestion you may have on how
you can bring the loan current.

Mortgage Loan Workout
Plans
A loan workout plan is an agreement between you and your lender
that sets out the steps to be taken to cure the delinquency and
prevent loss of your home. It may be written or oral and will
have specific deadlines which you must meet in order to avoid
foreclosure. Therefore, it must be based on very realistic estimates
of your ability to meet the plan schedule.
The nature of the workout plan will depend upon
the seriousness of the default, whether your financial problems
are short-term or your payment ability has been impaired for the
foreseeable future, your prospects for obtaining funds to cure
the default and the current value of your property.
If the default is caused by a very temporary
condition and is likely to be cured within 30 to 60 days, the
lender may consider granting you temporary forbearance.
Some examples of cases where this approach would be considered
are where the house has been sold but the sale has not settled
or where an insurance settlement is pending. It is usually possible
to determine a date certain for curing the default. The lender
will want documented evidence, such as the sale contract, before
granting forbearance.
If you have suffered a temporary loss of income
but can demonstrate that it has returned to previous levels, you
may structure a repayment plan to bring the loan current.
This type of workout arrangement requires your normal mortgage
payments be made as scheduled, plus an additional amount that
will cure the delinquency in no more than 12 to 24 months. In
some cases the additional amount may be a lump sum due at a specific
date in the future. Repayment plans are probably the most frequently
used type of workout agreement.
In some circumstances, it may be impossible
for you to make any payments at all for some period of time. If
you have had a good record with the lender, a "forbearance
plan" will allow you to suspend payments or make reduced
payments for a specified length of time. The forbearance plan
will be in writing, have a definite term and spell out the method
of ending the delinquency. In most cases the length of the plan
will not exceed 18 months and will stipulate commencement of foreclosure
action if you default on the agreement.
Any workout agreement is a last-ditch
effort by you and your lender to avoid foreclosure and keep you
in your home. It is not a substitute for good budgeting and financial
planning on your part and will probably not be available if your
payment record has not been consistently good up to the present
time. Lenders will work closely with good borrowers who are having
a period of real emergency and hardship, but are not inclined
to cooperate with those who demonstrate little financial discipline.

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