Please note, you would always want to consult with a professional before moving forward with any of these options.
Bankruptcy – This option delays the foreclosure process.
- The law prevents any lenders the ability to collect payments that are due while in bankruptcy.
- Initially filing for bankruptcy allows the homeowner more time to recover financially.
- The homeowner will still have to pay back the money owed. This gives the homeowner, and the lender, time to work out a reasonable payment plan.
- It is recommended to consult with a bankruptcy attorney to see if this is a suitable option for prior to this consideration.
- It is advised for anyone considering bankruptcy to consult with a Tax Adviser/CPA about potential tax implications, a Financial Consultant about credit ramifications and an Attorney about other potential consequences
Deed in lieu-
This process permits the homeowner to willingly sign the Deed of the home back over to the lender.
- This option will have the same impact on the homeowner’s credit as a foreclosure would.
- Generally, lenders only permit the acceptance of a Deed in Lieu when the homeowner tried selling their home on the market for several months without any offers.
- Lenders will consider this option when there are minimal payments of other loans, and/or the homeowner can prove financial hardship.
Assumption-
Homeowners negotiate a loan modification of their current loan terms to allow another potential buyer to assume the homeowner’s loan.
- The homeowner has the opportunity to directly negotiate with the potential buyer to pay the remainder of the mortgage payments.
- If successfully approved by their lender the new buyer becomes either:
- The new owner of the home
- A joint owner of the home
- Generally speaking, it is uncommon that mortgage documents are written with an assumption clause. Contact your bank to find out of your mortgage terms allow this option.
Lease-
Dependent on mortgage amount and current lease value of the home.
To learn further if foreclosure is right for you, consult with Cesi Pagano and Associates directly.
California Foreclosure Timeline
