A defining characteristic of a mortgage loan is that the loan is insured by some sort of real estate or property, over which the lender has conditional ownership, called a mortgage lien. When mortgage loans are used to purchase property or a home, the mortgage lien is the legal claim of the lender to the property or home in question. If the borrower defaults on their payments, the lender then has the right to seize the lien as collateral (foreclosure). A common misconception about mortgage loans is that they can only be used for home or property-related purchases, when in fact, the loan money can be used for any purpose. The loan must be insured by some sort of real property, but if the borrower already has some sort of real property to offer as collateral, the mortgage loan money itself can be used to pay off debt, start a business, etc. Some lenders do have certain conditions regarding how their mortgage loan money can be spent, but this varies by lending organization and specific loan.
Deed in Lieu of Foreclosure: You voluntarily transfer your property title to the servicers (with the servicer’s agreement) in exchange for cancellation of the remainder of your debt. Though you lose the home, a deed in lieu of foreclosure can be less damaging to your credit than a foreclosure. You will lose any equity in the property, although under the Mortgage Forgiveness Debt Relief Act of 2007, the forgiven debt on your primary residence may be excluded from income when calculating the federal taxes you owe. However, it still must be reported on your federal tax return. For more information, contact the IRS. A deed in lieu of foreclosure may not be an option for you if other loans or obligations are secured by your home.
The key takeaway: ask specific questions. See how each lender goes about the process of closing a loan and find out what additional fees you will have to pay. Asking questions is also a great way to gain insight into the lender’s level of professionalism and communication skills. Remember, you’ll be sharing a lot of personal information and placing a lot of trust in this person. Do your due diligence and you're certain to find the best mortgage lender.
It’s a loan with your house and land used as collateral. If you don’t pay back the loan, the lender will foreclose. That doesn’t mean the bank owns the house until you pay it off. It means they’ve got a lien against the property. A lien is the right to take possession of someone else’s property, in this case your home, until a debt is paid off. So you really are a homeowner even if you have a mortgage. You just own a home with a lien. Zillow’s Mortgage Learning Center offers extensive information about mortgages and is a great resource for anyone in the market for a home loan.
Regions Bank has helped thousands of homeowners avoid foreclosure through a program called the Customer Assistance Program. This can provide a number of solutions to qualified applicants. Sign up for forbearance, repayment plans, and home loan modifications are all offered. There are several Regions Bank foreclosure assistance programs for struggling low income customers.
While some agencies limit their counseling services to homeowners with FHA mortgages, many others offer free help to any homeowner who is having trouble making mortgage payments. Call the local office of the U.S. Department of Housing and Urban Development or the housing authority in your state, city, or county for help in finding a legitimate housing counseling agency nearby. Or consider contacting the Homeownership Preservation Foundation (HPF); 888-995-HOPE. HPF is a nonprofit organization that partners with mortgage companies, local governments, and other organizations to help consumers get loan modifications and prevent foreclosures.
PLEASE READ: It is important to note that Keep Your Home California has no role in the loan modification process and no influence on a Servicer’s decision to approve or decline such a request. The process of obtaining a loan modification during the period of Unemployment Mortgage Assistance Program benefits is completely between the homeowner and their Servicer. The Servicer may have policies that affect the homeowner’s ability to receive a loan modification while receiving Keep Your Home California unemployment benefit assistance.
Before you close on your new house, your lender will require you to buy homeowners insurance. Shop around and compare insurance rates to find the best price. Look closely at what’s covered in the policies; going with a less-expensive policy usually means fewer protections and more out-of-pocket expenses if you file a claim. Also, flood damage isn’t covered by homeowners insurance, so if your new home is in a flood-prone area, you may need to buy separate flood insurance.
Unlike traditional mortgage loans, this does not have a set monthly payment with a term attached to it. It is more like a credit card than a traditional mortgage because it is revolving debt where you will need to make a minimum monthly payment. You can also pay down the loan and then draw out the money again to pay bills or to work on another project. Your home is at risk if you default on the loan. Many people prefer this loan because of the flexibility. You only have to take out as much as you need, which can save you money in interest.
NOTE: These programs are only available to homeowners whose mortgage servicing company agrees to the terms and conditions governing the use of these funds. If your servicer is not currently participating in Keep Your Home California, you may want to call them and encourage them to do so. A homeowner cannot receive assistance if their servicer has not signed an agreement with CalHFA MAC. See a list of participating servicers and which programs they are currently offering.
A mortgage is essentially a loan for purchasing property—typically a house—and the legal agreement behind that loan. That agreement is between the lender and the borrower. The lender agrees to loan the borrower the money over time in exchange for ownership of the property and interest payments on top of the original loan amount. If the borrower defaults on the loan—fails to make payments—the lender sell the property to someone else. When the loan is paid off, actual ownership of the property transfers to the borrower.
Homeowners are encouraged to explore free HUD foreclosure prevention counseling, which could help you qualify for other programs. Homeowners should also contact their servicer to find out if they qualify for a loan modification or other foreclosure prevention options. Some of these may include transition to other foreclosure alternatives, such as deed-in-lieu of foreclosure or short sale.
In the event an active duty military homeowner is deployed or relocated, pursuant to military orders, Keep Your Home California will waive the “occupancy” requirement and the “Acceleration of Payment” clause, as pertains to occupancy, contained in the Note and the “Prohibition on Transfers of Interest” clause in the Deed of Trust, as pertains to the homeowner’s ability to rent or lease the home during the period of their relocation. The homeowner will be required to provide updated temporary residence/location information and must provide a copy of the orders requiring his/her relocation.
Foreclosure mediation programs have been created by cities, counties, and state governments. A number of local court systems have also created mediation programs that will ensure lenders, banks and homeowners meet with an attorney or professional mediator to explore all solutions to a foreclosure. Learn more on foreclosure mediation programs and whether your state or local government offers one.