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Foreclosure: Foreclosure:

Foreclosure: - PowerPoint Presentation

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Uploaded On 2016-04-22

Foreclosure: - PPT Presentation

stepbystep CENTS Foreclosure Warning Signs Unexpected Life Changes Loss of employment or change in income Illnessinjury Divorce seperation Death of a spouse Financial Changes in mortgage payment ID: 287835

foreclosure mediation notice days mediation foreclosure days notice sale lender homeowner mortgage trustee documentation servicer mediator act default payment

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Presentation Transcript

Slide1

Foreclosure:step-by-step

CENTSSlide2

Foreclosure Warning Signs

Unexpected Life Changes:

Loss of employment or change in income

Illness/injury

Divorce/

seperation

Death of a spouse

Financial:

Changes in mortgage payment

Maxed out credit cards

Using credit for daily expenses

Late payments

Minimum payments to credit cards

Opening new lines of credit after maxing out other cards

Choosing which bills/expenses to paySlide3

Mortgage Delinquency:

Mortgage Delinquency: failure to make mortgage payments on time or in full

Late Payment(s)

Collections

Loss MitigationSlide4

Foreclosure Process:*Washington

Foreclosure laws and timelines differ by state

Washington State:

Foreclosure Fairness Act of 2011 (FFA): RCW 61.24

Judicial v. Non-Judicial foreclosure

Judicial Foreclosure: requires court action to foreclose a home

Non-Judicial Foreclosure: procedure used when a Deed of Trust secures the home loan

Washington has a non-judicial process for the vast majority of home loans

Steps/Stages: Pre-Foreclosure, Notice of Default, Mediation, Notice of Trustee’s Sale, and Trustee SaleSlide5

Foreclosure TimelineSlide6

Pre-Foreclosure

Pre-Foreclosure occurs after the homeowner has defaulted on a mortgage payment

Notice of Pre-Foreclosure Options (NOPFO): notice to homeowner

Includes right to “meet and confer”

Right to discuss foreclosure alternatives

Homeowner response within 30 days of notice – gives an additional 60 days to meet and confer with servicer or lender

If homeowner does not respond within 30 days, the servicer or lender may send the Notice of DefaultSlide7

Notice of Default

Notice of Default: sent to homeowner if

No resolution during “meet and confer”; or

No response to NOPFO within 30 days

G

ives the option to request Mediation

Mediation request must be made through a HUD-certified housing counselor or an attorney

Must be sent 30 days before Notice of Trustee’s Sale can be served or recordedSlide8

Mediation: What is it?

What is it?

Face-to-face discussion between homeowner, lender, and neutral 3

rd

party

Discuss alternatives to foreclosure

Both parties must act in Good Faith

Lender’s rep has authority to modify loan

Mediator has been provided with all necessary documentation by parties

Mediation fee has been paid ($400 – each party pays $200)

Homeowner or authorized rep attends mediation

Lender may not proceed with foreclosure until mediation has concludedSlide9

Mediation Documentation

The mediator will specify the required documentation

Homeowner will typically need to provide:

Most recent paystubs

Documentation of debts and other obligations

2 years of tax returns

Lender will typically need to provide:

Note and Deed of Trust

Proof of ownership of Note

Loan balance

List of fees and charges

Payment history

P

resent value of home and other loan modification informationSlide10

Mediation Timeline

May be requested from time Notice of Default is received, up to 20 days after Notice of Trustee Sale was recorded

Department of Commerce (DOC) notifies parties mediation was requested within 10 days of request

Mediation fee must be paid within 30 days of DOC’s notice

Homeowner documentation sent to lender and mediator within 23 days of DOC notice

Lender documentation sent to homeowner and mediator within 20 days of receipt of homeowner’s documentation

Mediation is within 70 days of mediator selection (DOC selects)

Mediation date/time is set 30 days prior to mediation

Mediation session runs 1-3 hoursSlide11

Post-Mediation

Mediator issues certificate of results and good faith within 7 days post

mediation

If an agreement is NOT reached:

Upon issuance of mediator’s certificate or 17 days post-mediation, the lender may proceed with foreclosure

If an agreement is reached:

Foreclosure is avoidedSlide12

Per se Consumer Protection Act violations

What if the lender does not act in good faith during mediation?

Not-in-good-faith mediation certificate

Per se Consumer Protection Act violation: the homeowner may sue to enjoin (stop) the Trustee Sale.Slide13

Notice of Trustee’s Sale

Must be recorded by the trustee at least 120 days prior to sale

Must be recorded in the county where the property is located

Trustee must provide notice (service or posting) at least 90 days prior to sale

Must be published 2 times

1

st

Publication: between 28-35 days prior to sale

2

nd

Publication: between 7-14 days prior to sale Slide14

Trustee Sale

Trustee Sale: the auction of the property

Must occur on a Friday or if Friday is a legal holiday, the sale will occur on the following Monday.Slide15

What’s the best option for you?

Stay in your home?

Communicate with your servicer/lender to discuss options

Seek mortgage assistance

www.makinghomeaffordable.gov

Mediation

Bankruptcy

Leave the home?

Sell

Work-out: Short Sale or Deed in

Leiu

Assumption

Allow the home to forecloseSlide16

Protections & Consequences

Mediation process in Washington provides borrowers at risk of foreclosure with:

More notice, time, and options

Consumer Financial Protection Bureau (CFPB): federal agency tasked with implementing reforms to the mortgage servicing industry

Restricted Dual Tracking

Notification

Access to servicing personnel

Fair review process

No foreclosure until alternatives are considered

Taxes: *Mortgage Forgiveness Debt Relief Act (applies to cancelled debt 2007-2013)

cancelled debt does not have to be claimed as taxable income – up to $2 million

Negative impact on Credit Score:

Delinquency, short sale, deed-in-lieu, & foreclosureSlide17

Common Mistakes

Ignoring calls/letters from your servicer or lender

Throwing away correspondence from your servicer or lender

Not seeking out a HUD-certified housing counselor

Falling victim to scamsSlide18

Best Practices

Keep lines of communication open with your servicer/lender

Open and read any letters

Keep all notices and correspondence (including the envelope)

Work with a HUD-certified housing counselor

Know the warning signs of a scam: if you suspect a scam – report it!

A housing counselor requiring a fee

Claims of a “special relationship” with servicers/lenders

Guarantees to resolve foreclosure issues

Discouraging communication with your servicer/lender

High pressure tactics to sign paperwork, sell property, transfer ownership

Advises to direct mortgage payment to the housing counseling businessSlide19

Resources

www.makinghomeaffordable.gov

1-888-995-HOPE (4673)

Washington Homeownership Center

www.homeownership.wa.gov

1.877.894.HOME (4663

)Slide20

Questions?