Foreclosure Questions and Answers
What happens if I miss my mortgage payments?
Foreclosure may occur, but it doesn’t have to. You can take action to save your
dream. To learn more about the foreclosure process in Ohio, click here.
What should I do if I get behind in my mortgage payments?
It is never too late to get help. By seeking help early, there is a greater chance
of success in avoiding foreclosure. As soon as you anticipate problems in paying
your mortgage payment, contact your mortgage servicer to explain your current financial
situation. Many servicers are willing to work with you if you contact them immediately,
because they understand that individuals and families can face temporary job loss,
serious illness, or other major life events that can impact their ability to pay
their mortgage. Use the phone numbers
found here, and ask for your loan servicer’s Loss Mitigation Department.
Ask if you can participate in a “work out” resolution or obtain a loan modification.
Be honest with the loss mitigation staff about your situation so they can help you
choose the best option. Click here
to learn what information you will need for the conversation so that the company
is best able to assist you when you call.
What is a “work out” resolution?
Generally, a “work out” resolution involves resuming payments and arranging to pay
the past-due amount over a short period of time. Sometimes, lenders will allow a
“loan modification” which might lower your interest rate or extend the final due
date of your loan – making your monthly payments lower.
Where can I go to find help?
In addition to contacting your mortgage servicer, you can call the State of Ohio’s
Save the Dream Hotline toll free at 888-404-4674 for information and referrals.
You can call a housing counselor approved by the U.S. Department of Housing and
Urban Development (HUD) or a local resource in your area by clicking here. These counselors are experienced
in communicating with mortgage servicers and are able to determine where you are
in the process and what “work out” options are available to you.
What “work out” options and alternatives might be available to me?
Click here for alternatives
to foreclosure.
How do I know if I qualify for any of these alternatives?
Your mortgage servicer and a HUD-approved housing counselor will be able to determine
if you qualify for any of the alternatives.
What should I do if I receive letters saying my home is going to be foreclosed
upon?
Do not ignore letters or phone calls from your mortgage servicer! If you are having
problems making your payments, take action immediately by calling or writing to
your mortgage servicer’s Loss Mitigation Department to explain your situation. Use
the phone numbers found
here, and be honest with the mortgage servicer about your situation so it
can help you choose the best option.
Click here to learn what information you will need for the conversation
so that the mortgage servicer is best able to assist you when you call.
Should I continue to live in my home?
Yes, you are in a far better position to save your home by continuing to live in
it. If you abandon your property, you may not qualify for assistance.
What should I do if I get a foreclosure notice?
Call your servicer immediately to discuss alternatives to foreclosure. You have
28 days from the date you receive the foreclosure complaint to file an answer with
the court and with your mortgage servicer’s attorney. An answer may be written in
a legal format or in letter form. This is an important step in protecting your legal
interests.
Should I be aware of anything else?
Beware of scams! Solutions that sound too simple or too good to be true usually
are. Unfortunately, there are people who may try to take advantage of your financial
difficulty. Once your loan is in the foreclosure process, you may be contacted by
those who will tell you that they can “help” you keep your house. Be cautious. Most
of the time, these self-proclaimed specialists charge a hefty fee for services that
are worthless or that you can perform for yourself just by calling your servicer's
Loss Mitigation Department or by calling a HUD-approved housing counselor. To learn
more about avoiding being scammed,
click here. The best way to avoid scams is to work directly with your mortgage
company and a HUD-approved housing counselor.
Are all offers to “help” scams?
Because of the public nature of foreclosures, anyone can access foreclosure listings
on a daily basis. These include the owner's name and address and could include other
sensitive information. Armed with this data, individuals pitch their scam to take
advantage of a desperate owner. To learn more about avoiding foreclosure-related
scams, click here.
How long does a foreclosure take?
The legal proceedings may take anywhere from six months to one year or more.
Can I retain my house after it goes to sheriff’s sale?
You may retain ownership of your home (and continue to live in it) up until the
time that the confirmation of sale has been filed with the court.
When do I actually have to leave the house?
You should be prepared to vacate the property once the foreclosure sale has been
confirmed, which usually takes place 30 days to 60 days after the foreclosure sale.
If you choose not to vacate the property, an eviction notice will be placed on your
door informing you of the date you will be evicted by the sheriff. Your personal
belongings will be placed outside your home and eventually removed. If you have
not made alternative living arrangements, a HUD-approved housing counseling agency
can refer you to community services in your area.
Should I consider refinancing?
Being able to refinance your loan depends on several factors. If you are already
behind on your mortgage, your credit rating will be adversely affected. This could
prevent you from obtaining a new mortgage at a reasonable interest rate. In addition,
you may not be able to afford the fees and points that most lenders charge, especially
if you have little or no equity in your home. If you do want to refinance, shop
around for the best rate and terms possible and be alert for predatory lending practices.
For information about predatory lending,
click here. You may have the opportunity to refinance with the Ohio Housing
Finance Agency’s Opportunity Loan Refinance Program, which offers affordable, 30-year
fixed-rate financing.
Click here for information on the Opportunity Loan. Refinance opportunities
also exist with FHASecure through the federal government. Click here for information on FHASecure. To help
determine your refinance options,
click here to find a HUD-approved housing counselor near you or call Ohio’s
Save the Dream Hotline toll free at 888-404-4674.
Where can I file a complaint if I believe I have been a victim of predatory
lending?
Complaints regarding predatory lending can be filed with the
Ohio Attorney General's Office at 1-800-282-0515 and the Ohio Department
of Commerce, Office of Consumer Affairs
at 1-866-278-0003.
Would my mortgage company rather foreclose on my home than keep me in it?
On average, a mortgage company sustains a $50,000 loss in the event of a foreclosure.
These companies are in the business of providing and servicing mortgages and would
prefer not to own or sell homes. If possible, they would prefer to keep you in your
home.
Is foreclosure uncommon?
Foreclosure is a challenge faced every year by thousands of Ohioans from all walks
of life. You are not alone, but you need to take action to save your dream.
What Are the Main Points I Should Remember?
- Act now and don't ignore the problem!
- Contact your mortgage servicer as soon as you realize that you have a problem.
- Open and respond to all mail from your servicer.
- Contact a HUD-approved housing counselor.
- Stay in your home to make sure you qualify for assistance.
- Understand Ohio’s foreclosure process.
- Understand foreclosure prevention options and alternatives.
- Beware of scams.
- Do not sign any document that you don't understand.
Sources: HUD, HopeNow,
Ohio Treasurer of State