Foreclosure Myths

Foreclosure. It is still a source of pain and fear for homeowners who are struggling financially. It is still a damper on the housing market here.

With all the attention that the foreclosure crisis has received from The Rep and other media since the housing crisis began, you might think that there is little more to be said. But several guests of our editorial board made it clear to us last week that they believe too many Stark Countians still don’t know what to do if they fall behind on their mortgage payments, or if there’s even a chance that this will happen.

To address these concerns, today we’ll give you some information prepared by the staff of Community Legal Aid in Akron, whose executive director, Attorney Sara E. Strattan, was one of our guests last week. We hope it will be helpful for you or someone you know.

Myth 1 — I should not seek help until I miss a mortgage payment.

Although a home can be saved even if a foreclosure lawsuit has been filed, the earlier a homeowner seeks help, the better the chance to keep the home.

The homeowner who anticipates a hardship should immediately seek help, as lenders are willing to work with homeowners even if a payment has not been missed.

Myth 2 — I must pay someone to help me try to keep my home.

Housing counseling agencies approved by the United States Department of Housing and Urban Development (HUD) provide foreclosure prevention assistance involving all loan types.

These free services range from contacting the lender about a lower payment to finding a solution to bring the home loan current.

These agencies are also aware of federal, state and local homeowner assistance programs. You can locate a HUD-approved counseling agency at www.hud.gov.

If a homeowner wants to try to keep their home without involving community assistance, and a foreclosure lawsuit has not been filed, the homeowner should contact the lender directly and ask for “loss mitigation” (the department that is designed to avoid foreclosure). If a foreclosure lawsuit has been filed, it is best to contact the plaintiff’s lawyer and ask to apply for a loan modification.

Myth 3 — I can now resume making my home loan payment, but I cannot keep my home, as I do not have the money to make up missed payments.

The lender will usually not require the homeowner to have all the missed payments to resolve the matter. In fact, the federal homeowner assistance program Making Home Affordable does not require any of the missed payments to be paid up front to resolve the matter.

Myth 4 — I must move immediately because I was served with foreclosure lawsuit paperwork.

The receipt of foreclosure lawsuit paperwork does not mean anyone has to immediately move from the home. In fact, the homeowner can defend against the lawsuit, and the foreclosure process takes several months to complete even if the lender is successful.

The law allows the occupants to remain in the home, even if no payments are being made, until the property is sold, the court confirms the sale and the sheriff orders the occupants to leave. Any order to move from the sheriff will be posted at the home, giving the date and time the occupants are expected to be out.

Myth 5 — I do not have to respond to a foreclosure lawsuit, since I am working with a HUD-approved housing counseling agency.

The foreclosure process will continue unless and until an agreement is reached to stop it. Therefore, the homeowner needs to respond timely to the foreclosure lawsuit to preserve their legal rights in case the matter is not resolved.

A HUD-approved housing counseling agency cannot assist in this process.

Myth 6 — I have been served with a foreclosure lawsuit, so now court personnel and potential buyers can come into my house.

Nobody can come into a house just because foreclosure lawsuit paperwork is served on the homeowner.

Even if the lender wins the foreclosure lawsuit and the property is advertised for sale, the lender, court personnel and prospective purchasers cannot come into the home unless the home has been abandoned.

Myth 7 — I am no longer responsible for the home if I move.

Leaving the keys on the counter or with the bank for whatever reason (cannot make the payment, owe more on the home than it is worth, foreclosure lawsuit has been filed, etc.) does not mean that the homeowner has eliminated their legal obligations as a borrower and homeowner.

The lender(s) must agree to allow the home to be sold for less than what is owed (short sale) or agree to take the home back (deed-in-lieu of foreclosure).

Normally, the lender wants the homeowner to attempt to sell the home for a period before it will consider a deed-in-lieu of foreclosure. A deed-in-lieu of foreclosure is likely not an option when the home loans are neither owned nor serviced by the same company.

Staying in the home and maintaining it prevents it from being vandalized, helps maintain property values and may reduce the money the homeowner may owe the lender if the home sells in foreclosure for less than what was owed on the loan. Therefore, staying in the home has multiple benefits.

Myth 8 — If my home is sold in a mortgage foreclosure lawsuit for less than what I owe on the loan, the lender who filed the lawsuit may collect the balance from me for the rest of my life.

If the property sold at sheriff’s sale was your primary residence and the property does not have dwellings for more than two families, the lender has only two years from the confirmation of the sale of the home to collect the deficiency.

Myth 9 — I will automatically lose my home if I file bankruptcy.

Bankruptcy can be a way to prevent the home from being lost in foreclosure, by freeing up money to pay the lender or by giving the homeowner the opportunity to repay missed mortgage payments and other debts over time.

Myth 10 — I cannot afford to remain in my home, even though it is paid off, because I cannot afford the property taxes, insurance and maintenance.

If you are age 62 or older and the home is your primary residence, you may be able to convert the equity in your home into a stream of income to pay your home-related expenses and other bills. This is commonly know as a “reverse mortgage loan.” For additional information, go to www.hud.gov.