Negotiating Options with Your Lender: 2010 Update

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If you are facing foreclosure and you want to stop the foreclosure, you must negotiate with the lender. Once the lender becomes aware of the reasons for your default, the lender can assist you avoid foreclosure.

Contact the lender

The first thing you should do when you face foreclosure is to contact your lender. The sooner you contact your lender when you are going to miss a mortgage payment, the greater the chance that together, you and your lender will be able to work out a solution to save your home. Your lender might be able to design a plan to give you time to catch up on your payment. Explain your situation to the lender. Once your lender appreciates the situation, the lender may come up with any of the workable suggestions. Lenders usually offer a variety of solutions if you have fallen behind on your payments including:

  • temporary reduction or waiving payments,
  • setting up short-term repayment plans to help you make up the deficit,
  • adding the unpaid balance to the principal of your loan and increasing your payments slightly to cover the extra amount,
  • refinancing the debt, arranging a repayment plan or modifying the loan by adjusting the interest rate or
  • extending the terms to make it more affordable.

The recent foreclosure crisis has prompted the federal government to actively encourage banks and lenders to come with loan modification programs to assist homeowners facing foreclosure. Many leading banks and lenders have introduced loan modification programs targeting homeowners facing foreclosure. You should try and take advantage of these programs as these programs will be withdrawn soon. These are limited period offers.

Negotiations

Negotiation is all about give and take. It works out best when both parties get what they want out of the deal, without feeling ripped off as if they gave too much for too little.

Before negotiating with the lender, you must do some ground work. Find out the reasons that caused you to fall behind in your payments – lay off, medical expenses, etc. List all your current resources, your debts and expenses. You should also have your repayment plans ready. This plan may consist of a simplified life-style as well as additional sources of income where possible. This will have a strong influence on how far the lender will go to help you. Inform the lender about any confirmed financial assistance already in place. 

Getting Legal Help

When you have to undertake serious negotiations, consult with an experienced foreclosure attorney. The attorney can talk to the lender and can examine the terms of every offer carefully.

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