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Is Your Home Over-Leveraged?
Is Your Home Over-Leveraged?
Or Do You Just Need To Sell?
Or Do You Just Need To Sell?
Today, over 25% of the homes in America have loan balances that exceed the home value. If you’re one of them it’s not your fault and you do have choices which are laid out here.
You didn’t create the deepest recession in our lifetime and cause residential real estate values to drop 30%-60% across the country. You bought a home, the American dream. You worked hard to pay the mortgage and maintain the home and woke up one day underwater ... and it all seemed to happen so fast!
Millions of good people are walking away from their mortgage and letting the banks foreclose. This adds to the over supply of bank owned houses and continues to lower values as they are sold off at distressed prices.
Walking away is certainly one of your options, but not the only one, and may be your least favorite choice. However, until all your choices are on the table it’s hard to decide which is best, so here they are:
1. Remain in the Home - Continue paying your mortgage until the value increases and you have enough equity to sell without being forced to write a big check just to get out of the house.
Pros —Your credit will remain intact and as the years go by your debt is decreased.
Cons — Many people simply can’t remain in the home for various reasons and must have another solution. Most sources say it will be at least a decade before the values of 2005 return ... maybe much longer.
2. Rent the Home - Some people are becoming forced landlords and this is an option if you’re prepared to deal with a tenant and your payment can be covered with rent.
Pros — Your credit will remain intact.
Cons — You must find and screen a tenant and then deal with tenant issues and repairs.
3. Deed in Lieu - You may ask the bank to take back the house to avoid foreclosure. If they do, you cannot be pursued for a deficiency judgment. Make sure you get an attorney involved in this choice and let him/her approach the bank.
Pros — You are relieved of the home and the debt without foreclosure.
Cons — Your credit score will be reduced and many banks will not accept a deed in lieu of foreclosure.
4. Mortgage Modification - Millions of homeowners are approaching the lender and requesting the terms of the loan be altered. You can ask for principal, rate and payment reductions. Get your attorney involved in this process and be sure to request a release of liability in your offer to the bank.
Pros — Your terms would be changed so you could more easily afford the payments and perhaps the lender would agree to a principal reduction so you can sell the home without covering a loss.
Cons — You may not be able to remain in the home even after a modification. The bank may be totally uncooperative and refuse any modification. Your credit score will be harmed.
5. Short Sale - If you or a Realtor can find a buyer for the home at a reduced price, below your loan balance, you may petition the bank for a short sale.
Pros —The loan is paid off and the house is sold.
Cons — The bank may or may not agree to the discount and it’s a time consuming process for both the agent and you. There must be a cash buyer under contract before most banks will even consider a short sale. If the house is not listed the bank will likely require you to do so before even considering your request. Your credit score will be reduced. The bank has the option of pursuing deficiency.
6. Let the Bank Foreclose - If all else fails, this is an option ... and one many are taking.
Pros —The loan and the home will go away.
Cons —Your credit will be lost and the foreclosure will remain for 7 years, the bank may pursue a deficiency, you could suffer a tax burden if your debt is larger than the value of the home on the date of foreclosure.
7. Bankruptcy - this will stop the foreclosure but is not considered your best option if your real estate loan is the biggest reason for filing. One of the options above will relieve you of the home and the debt without the negative consequences of a bankruptcy. This choice should require a careful analysis with a bankruptcy attorney who has your best interest at heart.
Pros — Your obligation to pay your debts is gone and you buy more time to stay in the home before the bank completes the foreclosure process.
Cons — Bankruptcy (BK) remains on your credit for 10 years and is an ugly, unpleasant process. Your credit will be lost.
It’s true all of these choices have consequences and only you and your personal needs can dictate which is best for you. However... one of the above options will apply to your home whether you make a choice or not … if you don’t choose, the bank will choose for you!
A new program has been developed to give homeowners a new choice, one many are happy accepting. This program is called…
Assigning Contracts and Terms System
Here are the most Frequently Asked Questions:
Good News! There is Another Option!
Q: What is ACTS?
A: We will lease option your home for the loan balance at the time it’s purchased and pay you rent equal to your payment and accept responsibility for all repairs after the first 30 days. We will then find and screen a tenant buyer who will make a financial commitment to lease the home with the option to buy and assign our agreement to them after you approve them.
Q: What does this cost me?
A: Nothing! You’ll have no expenses until the buyer is ready to get financing and then you may pay some reasonable closing costs. Sometimes the buyer pays all costs.
Q: How long must I lease?
A: The minimum term, if you’re over leveraged, is 10 years to give the market time to increase the value and for the debt to decrease to the point the home is no longer over leveraged. This allows the buyer to get a loan to cover the debt without you contributing cash to pay it down. If you owe at or about today’s market value, we may shorten the term.
Q: When do I start collecting rent?
A: One month after we find a tenant buyer you approve and they accept possession of the house. We expect it to take no longer than 30 days after you're ready for us to show the house but it may take longer or happen sooner depending on several circumstances that vary with each house.
Q: What if the tenant tears up my house?
A: Our tenants are of a buyer mindset and will have a financial stake in the agreement. Plus they will be responsible for repairs. In our experience, it’s rare for them to tear up a house and lose their option and deposit but it could happen and that is a risk you must take if you elect this program. However if it were to happen, you may call us and it’s likely we can lease it again in it’s as-is condition.
Q: What paperwork is involved?
A: You will execute a lease purchase agreement when you’re ready and when we find, and you approve, a tenant buyer. Then, an attorney will prepare an assignment and ask you to sign a few disclosure documents at that time.
Q: What if the tenant buyer never closes?
A: Actually, that may be the best thing that could happen for you. Every month a tenant pays you rent to cover your payment, it reduces your debt and eventually pays it off. If they don’t buy, you’re building equity.
Q: Do I get any money if they do buy?
A: No. Not if you’re over leveraged now. The only reason a buyer would agree to lease option an over leveraged house is because they get the benefit of the debt reduction and in time will build enough equity to get financing. If this opportunity is not available the home would be unmarketable. However, if you have equity now, it’s likely you will get cash at the time of sale.
Q: Will I be paying for repairs?
A: Only during the first 30 days and if you can’t fix anything that needs fixed before we offer the house, we can disclose to the buyer and may get them to accept as-is. Your lease will contain a provision for you to fix anything not disclosed, but only for 30 days.
Q: So what’s my responsibility?
A: Get the house ready to show, approve our tenant buyer, collect rent and make the payment ... or we can have an escrow company collect the lease payments and make the mortgage payment, freeing you of the hassle. You'll need to show the house by appointment if you reside in it while we market.
Q: What if you don’t find a buyer?
A: If we don’t find a buyer you approve within 60 days, you may cancel our agreement or allow us to continue looking.
Q: What if my house isn’t over-leveraged?
A: We can still lease option it from you at a fair price and will either assign our contract or may choose to remain in the middle until it’s cashed out. We may also buy the house now and take over the debt or simply pay cash. Once we know the facts we can instantly tell you what we can do and let you decide your best choice.
Complete the Property Information form on this site by clicking here or simply call 601-831-1068 and we’ll complete it over the phone. It’ll only take a few minutes.
We’ll discuss the facts by phone. We’ll tell you what we can and can’t do and if we both agree to move forward, we’ll visit the home, answer questions, and leave you with the agreement.
Once the agreement is executed and you tell us you’re ready, we’ll begin showing to our current
"buyers' list" ... or we'll find new buyers, if necessary.
Review our buyer and if you approve, we’ll set up the closing for the tenant buyer to attend. You do not need to be present.
That’s it!! It’s that simple! Just call:
Cook Home Buyers
or Click Here to email us!
We look forward to hearing from you soon!