Foreclosure Prevention<br />Consumer Affairs Branch<br />Fairfax County Department of <br />Cable and Consumer Services<br...
Legal process used by a lender to repossess a borrower’s home if they fail to meet their loan obligation.<br />If the debt...
In Virginia, most residential loans are secured by a Deed-of-Trust. <br />The Deed-of Trust secures your loan and names a ...
If foreclosure occurs, the lender takes over your home. <br />You must move out. <br />After foreclosure, you can still ow...
You lose your home and all the money you invested in it.<br />A deficiency judgment can be filed against you.<br />If the ...
A late charge notice is issued on the 17th day of delinquency.<br />Collections and various other letters are sent between...
Around the 37th day of delinquency, a HUD 1, and or a breach letter is issued.<br />The HUD 1 letter provides seven busine...
If the borrower cannot be reached, calls and “no contact” letters will continue from the 38th day to the 61st day.<br />At...
Review your mortgage loan documents and be sure you understand the terms.<br />Contact your lender or the company that col...
Housing Counselors and <br />Homeowners Are Partners<br />Housing Counselor<br />Will work with the homeowner to make real...
Reinstatement<br />The lender agrees to reinstate the loan if the homeowner makes up back payments in a lump sum by a spec...
Mortgage modification<br />When any term of the original loan contract is permanently altered.  <br />A  reduction in the ...
Partial Claim:<br />If the mortgage is insured by a private mortgage insurance firm, your lender may help you file a claim...
Home Equity Conversion Mortgage<br />For older homeowners who have a significant amount of equity in their home.<br />Enab...
If keeping your home is not an option<br />Pre-foreclosure sale or short sale: <br />When you can’t sell the home for the ...
Pre-foreclosure sale or short sale: <br />The difference between the sale of the home and the mortgage must be reported to...
Assumption:<br />A qualified buyer may be allowed to take over your mortgage, even if your original loan documents state t...
Deed-in-lieu of foreclosure:<br />As a last resort, you may be able to "give back" your property to the lender and the bal...
Bankruptcy:<br />Bankruptcy is a legal action.<br />Get assistance from an attorney.<br />Litigation:<br />Homeowner may d...
Contact the Fairfax County Consumer Affairs Branch for more information:<br />12000 Government Center Parkway, Suite 433<b...
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Foreclosure Prevention In Fairfax County

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Foreclosure is the legal process used by a lender to repossess a borrower's home if they fail to meet their loan obligation. Fairfax county has certified housing counselors who can work with homeowners when they are faced with foreclosure. Some of these prevention options include reinstatement, forbearance, repayment plans, and mortgage modifications.

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  • Information included in this presentation is compiled from NeighborWorks Foreclosure Prevention training, VHDA Foreclosure Prevention training, Fairfax County Department of Housing and Community Development materials, Systems Management reports, the HUD Foreclosure Clinic, and the Virginia Poverty Law Center materials. Data is also included from the Fairfax County Budget.
  • If a borrower misses one payment, they are 30 days delinquent. After two payments, 60 days delinquentNotice of Default is sent between 60 and 90 days after delinquencyNotice of Foreclosure Sale is sent after Notice of Default expires, usually between 90 and 120 days. It includes the amount needed to reinstate the mortgage and the foreclosure sale date.Foreclosure sale is usually 150 to 210 days after delinquency.Notice after sale—states that the foreclosure has occurred and owner needs to vacate. Lender starts the eviction process, whether it is for the homeowner or renter, as the case might be.
  • For a Home Equity Conversion Mortgage (HECM), counseling by a HUD-approved housing counselor is mandatory. The homeowner can arrange for fixed monthly payments for life, fixed monthly payments for a finite period, a lump sum payment, or combination of monthly payments and a line of credit. The homeowner does not need to repay the loan as long as one of the borrowers continues to live in the house, keep the taxes and insurance current, and maintain the property to FHA standards. The loan must be repaid when the house is sold or from other resources.
  • Foreclosure Prevention In Fairfax County

    1. 1. Foreclosure Prevention<br />Consumer Affairs Branch<br />Fairfax County Department of <br />Cable and Consumer Services<br />fairfaxcounty.gov/consumer<br />
    2. 2. Legal process used by a lender to repossess a borrower’s home if they fail to meet their loan obligation.<br />If the debt is not paid, the lender will call the entire loan balance due and force a sale of the home.<br />The lender may sell the home at a trustee sale if the borrower defaults on the loan.<br />fairfaxcounty.gov/consumer<br />Foreclosure <br />
    3. 3. In Virginia, most residential loans are secured by a Deed-of-Trust. <br />The Deed-of Trust secures your loan and names a trustee who has the power to sell the home if you default on the loan. <br />Virginia is a non-judicial state. The trustee can sell the home without going to court. <br />Once the home is sold at a Trustee’s sale, it is final. <br />fairfaxcounty.gov/consumer<br />Residential Loans<br />
    4. 4. If foreclosure occurs, the lender takes over your home. <br />You must move out. <br />After foreclosure, you can still owe the lender money.<br />If your home is worth less than the total amount you owe on the mortgage loan, a deficiency judgment could be pursued. <br />fairfaxcounty.gov/consumer<br />Foreclosure<br />
    5. 5. You lose your home and all the money you invested in it.<br />A deficiency judgment can be filed against you.<br />If the lender cancels or forgives debt, it may be considered taxable income. Check with IRS for tax liabilities. <br />fairfaxcounty.gov/consumer<br />Avoid Foreclosure<br />
    6. 6. A late charge notice is issued on the 17th day of delinquency.<br />Collections and various other letters are sent between the 18th and the 37th day.<br />On chronic accounts, collections begin as early as the 10th day of delinquency.<br />fairfaxcounty.gov/consumer<br />Foreclosure Timeline<br />
    7. 7. Around the 37th day of delinquency, a HUD 1, and or a breach letter is issued.<br />The HUD 1 letter provides seven business days for the borrower to respond. The HUD brochure is sent at this time also.<br />The breach letter provides a 30-day reinstatement period.<br />fairfaxcounty.gov/consumer<br />Foreclosure Timeline<br />
    8. 8. If the borrower cannot be reached, calls and “no contact” letters will continue from the 38th day to the 61st day.<br />At 62 days delinquent, at three payments past due, the loan is assigned to a loss mitigation queue for a possible work-out. <br />Over the next 10 days aggressive efforts are made to contact the borrower.<br />fairfaxcounty.gov/consumer<br />Foreclosure Timeline<br />
    9. 9. Review your mortgage loan documents and be sure you understand the terms.<br />Contact your lender or the company that collects your mortgage payments right away if you will have difficulty paying your mortgage. <br />Explain your situation and ask what options are available. <br />If you do not understand the options they offer, or if your lender is not helpful, contact a HUD certified housing counselor.  <br />fairfaxcounty.gov/consumer<br />Don’t Ignore the Problem<br />
    10. 10. Housing Counselors and <br />Homeowners Are Partners<br />Housing Counselor<br />Will work with the homeowner to make realistic choices about homeownership. <br />Assist homeowner in preparing a spending plan.<br />Get exact totals on current payments, arrears, and loan balance from the lender in order to decide the best foreclosure avoidance plan.<br />The housing counselor will be an advocate for the homeowner. <br />fairfaxcounty.gov/consumer<br />HUD Certified Counselor<br />
    11. 11. Reinstatement<br />The lender agrees to reinstate the loan if the homeowner makes up back payments in a lump sum by a specific date. A forbearance plan may accompany this option.<br />Forbearance<br />The lender may allow reduced or suspended payments for a short period of time, such as 3 or 4 months. <br />Lender will work with the homeowner to create a repayment plan for the loan. <br />The homeowner must show that they will have enough money to bring the account current at a specific time. <br />Repayment Plan<br />Allows the borrower to become current and catch up on missed payments based on the borrower’s circumstances. <br />May include the regular payment plus a portion of the past due payments each month until the payments are caught up. <br />fairfaxcounty.gov/consumer<br />Workout Options: Short-Term<br />
    12. 12. Mortgage modification<br />When any term of the original loan contract is permanently altered.  <br />A reduction in the interest rate.<br />Adding missed payments to the existing loan balance. <br />Changing an adjustable rate to a fixed rate. <br />Forgiveness of a portion of principal.<br />Extending the number of years to repay.<br />fairfaxcounty.gov/consumer<br />Workout Options: Long-Term<br />
    13. 13. Partial Claim:<br />If the mortgage is insured by a private mortgage insurance firm, your lender may help you file a claim to get a one-time, interest-free loan to bring the account current. <br />The interest-free loan is due when you refinance, pay off the mortgage or sell the property. <br />fairfaxcounty.gov/consumer<br />Workout Options: Long-Term<br />
    14. 14. Home Equity Conversion Mortgage<br />For older homeowners who have a significant amount of equity in their home.<br />Enables the owner to stay in their home while using some of the built up equity. <br />Homeowner can withdraw some of the equity in the form of monthly payments for life or a fixed term, or in a lump sum, or through a line of credit. <br />Homeowner must be 62 years or older and have a very low outstanding mortgage balance or own their home free and clear.<br />fairfaxcounty.gov/consumer<br />Workout Options<br />
    15. 15. If keeping your home is not an option<br />Pre-foreclosure sale or short sale: <br />When you can’t sell the home for the full amount of the loan and the lender is willing to accept an amount less than the amount you owe. <br />Allows a borrower in default to sell their home when the value of the property has declined to less than the amount owed on the mortgage.<br />The loan is at least 2 months delinquent <br />fairfaxcounty.gov/consumer<br />Workout Options<br />
    16. 16. Pre-foreclosure sale or short sale: <br />The difference between the sale of the home and the mortgage must be reported to IRS as income. Form 982 can be filed to show that the amount is for “forgiveness of a debt due to insolvency”. <br />Check 1b on the form to be exempt from being taxed.<br />The short sale option may not be available if you have other liens, such as other creditor judgments, second mortgages, and IRS or state tax liens.<br />fairfaxcounty.gov/consumer<br />Workout Options<br />
    17. 17. Assumption:<br />A qualified buyer may be allowed to take over your mortgage, even if your original loan documents state that it is non-assumable. <br />Not all loans are assumable. <br />If payments are behind when transferred, the new owner will be in default and subject to same collection efforts, unless there is a workout agreement. <br />Former homeowner can still be liable for the note.<br />fairfaxcounty.gov/consumer<br />Workout Options<br />
    18. 18. Deed-in-lieu of foreclosure:<br />As a last resort, you may be able to "give back" your property to the lender and the balance on the loan is forgiven. <br />Lenders have restrictions for taking back property. <br />This will not save your house, but it is less damaging to your credit rating. <br />There may be income tax consequences. <br />fairfaxcounty.gov/consumer<br />Workout Options<br />
    19. 19. Bankruptcy:<br />Bankruptcy is a legal action.<br />Get assistance from an attorney.<br />Litigation:<br />Homeowner may decide to sue if they believe the mortgage holder made errors or if terms of the mortgage were abusive or predatory. <br />fairfaxcounty.gov/consumer<br />Workout Options<br />
    20. 20. Contact the Fairfax County Consumer Affairs Branch for more information:<br />12000 Government Center Parkway, Suite 433<br />Fairfax, Virginia 22035<br />703-222-8435 TTY 711<br />www.fairfaxcounty.gov/consumer<br />consumer@fairfaxcounty.gov<br />fairfaxcounty.gov/consumer<br />Contact Consumer Affairs<br />
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