Foreclosure rates in the United States have reached an all-time high and millions of homeowners are being stripped of their good credit and being forced to default on their mortgage loans. Most of the reasoning for this influx of foreclosure has to do with the grave disservice mortgage companies have done the the American public. Seducing potential homeowners with adjustable rate mortgages and “Interest Only” loans. Luckily, if you are one of the many borrowers facing foreclosure and you have an upside down mortgage, there are a few defense options that could help you.
Options with an Upside Down Mortgage
- Capture the Banks Attention. If you recognize that you are having financial difficulties. Try skipping a few mortgage payment, this move with grab the banks attention. If the bank realizes that you are troubles they may be willing to reduce your principal or work out another arrangement.
- Get a lawyer. When faced with the possibility of foreclosure the first thing every homeowner should do is seek legal counsel from an attorney who specializes in foreclosures. This attorney will be able to help you navigate through your options.
- Negotiate. Renegotiating you loan terms could help you meet you payments and keep your home. A lot of times your lending bank will be willing to come to a new agreement to avoid foreclosure. Because while foreclosure is a nightmare for you it is also a worst case scenario for the bank.
- Loan Audit. Lenders are subject to the many federal laws in place and face hefty fines per violation. So it is a good idea to have your foreclosure attorney conduct a loan audit. Uncovering any violations will lead to an easier renegotiation process.
- Squat. Remaining in you home until it is auctioned off is also a viable option. This will allow save money, pay off other debts and search for a new living arrangement.
- Walk. Unless your state laws subject you to an inadequacy judgment it might be a good idea to simply walk away from your home. This may be the best option if equity loss is causing you to be upside-down on your loan. Walking away is this matter is referred to as a tactical default.
Getting Help
Working with an experienced foreclosure attorney is your best bet for dealing with an upside down mortgage. Your attorney can help you to decide what your best course of action is and can assist you in negotiating with the bank or taking other steps to resolve your housing problem.




