Foreclosure filings in 2016 were at their lowest level in ten years according to ATTOM Data Solutions Year-End 2016 U.S. Foreclosure Market Report.
The report shows 933,045 default notices, scheduled auctions, and bank repossessions for 2016, which is a 14% drop from 2015 and the lowest number of foreclosure filings since 2006, which had 717,522 foreclosure filings.
This is a continuation of a positive trend. Since 2014 the rate of foreclosure has been in an “historically normal range.”
Divorce stinks. And the emotional cost is only part of the reason why. It also affects the finances of the people involved, usually for the worse. Loans that were taken out as a couple become unaffordable after the split when one person is trying to make the payments on their own.
That's the case for a Florida couple that retained our law firm to help them avoid foreclosure. I'll call them Mr. and Mrs. Kelly to protect their privacy. The Kellys divorced in 2009, but remained on good terms after separating.
Their home was awarded to Mrs. Kelly in the divorce. She tried to keep it, but couldn't afford the payments on her own, and Bank of America filed for foreclosure in 2011.
Mrs. Kelly wanted to find a solution to keep the property, but needed to reinstate the mortgage with a lower payment that was affordable with her income. A loan modification is the only way to achieve that.
A lot of things about 2016 were not so good. In fact, they stunk. We lost Prince, David Bowie, Harambe and George Michael. There was a contentious election, terrorism abroad, war in Syria, the Zika virus, and Brexit.
With all that and more, many people are glad to put 2016 behind them, and are hoping that 2017 turns out better.
It's important to point out that not everything was terrible in 2016. The stock market hit new highs, and housing continued to improve. Home prices went up, interest rates stayed low, and the number of foreclosures declined.
But will the positive trends in housing continue with everything that's changing, which includes a new president, new congress, and the expiration of some government programs?
When you take out a mortgage to buy a home, your plan is to never miss a payment and live in the house until you pay off the mortgage or sell the property to buy another home. So what happens when the plan goes awry and you miss payments? You're at risk of losing your home to foreclosure, obviously.
However, foreclosure doesn't happen like flipping a light switch. In judicial foreclosure states the foreclosure process is long and filled with legal procedures that most homeowners aren't familiar with and don't understand.
It can be hard to tell when you're fighting for a lost cause, and when you should keep fighting, and how. Here's a look at some of the things that happen, and how to tell if you could still keep your home when they happen.
From the point of view of the IRS, any of your debt that is forgiven is considered the same as income, and taxes must be paid on it as such. Forgiven debt has been called phantom income because it's not really income that's there. Despite that, it's still subject to taxation just like it was money you earned at your job.
But in 2007 the Mortgage Forgiveness Debt Relief Act became law, which exempts homeowners from having to pay taxes on forgiven mortgage debt. On January 1, 2017 the act will expire. When it does, forgiven mortgage debt will be taxable again.
The country has been experiencing a foreclosure crisis over the last decade. More than seven million homeowners have experienced foreclosure since the housing crisis began. As a result so many people had mortgage debt forgiven that the government stepped in to help them avoid even more financial damage with the Mortgage Forgiveness Debt Relief Act.
If you were eligible to receive money under the Independent Foreclosure Review Payment Agreement but didn't cash your check, it's too late. All the money that went unclaimed is now being redistributed to those who did cash their checks.
The Federal Reserve Board has announced that money leftover from the $3.9 billion Independent Foreclosure Review Agreement will be paid to the nearly 650,000 borrowers who already got their money. The borrowers who didn't cash their checks before the deadline are out of luck.
The Fed has given borrowers every chance to claim the money they were entitled to under the Independent Foreclosure Review Payment Agreement. Those who had not cashed their checks were given until December 31, 2015 to ask for a replacement check, and had to cash those checks by March 31, 2016.
As a result of the ongoing housing crisis, mortgage loan modifications have become popular with distressed homeowners who need to reinstate their loan and get a more affordable payment. But not everyone who could benefit from modifying their mortgage understands what's actually involved and how to go about getting one. And some assume or have been told incorrect information.
A mortgage loan modification is a permanent change to one or more of the terms of your existing loan, such as the interest rate, term length, and principal balance. The purpose is to lower the monthly payment to an affordable portion of your income and allow you to avoid foreclosure. It is different from a refinance, which replaces your old loan with a completely new one.
Loan modifications are the only hope many people have for avoiding foreclosure and staying in their home. However, there are some common misconceptions, such as:
Money is a very personal issue. So much so that it's often considered in bad taste to talk about it in polite society. Especially when you're talking about problems with money. And foreclosure is the mother lode of money problems since most people's largest asset is their home.
But unfortunate events beyond the control of any homeowner have caused millions of people to have to reckon with foreclosure. The credit crisis, recession, and housing crisis have caused foreclosures on a scale that the country hasn't seen since the Great Depression.
If you're in danger of losing your home to foreclosure, you're likely experiencing some seriously negative emotions. Fear, uncertainty, shame, guilt, and anger are common. These emotions are completely understandable and just as useless. You have to get a handle on them to keep from going crazy and find the best resolution.
Here are some ways to do that:
Even under the best circumstances, everyone needs a vacation to get away from the grind of regular life, recharge their batteries, and spend some quality time with their loved ones. If you're behind on your mortgage or in foreclosure, you could probably use a stress-relieving vacation even more.
But is it appropriate to go on a vacation when you aren't paying your mortgage?
It depends on your particular circumstances, and what kind of money you're going to spend on your trip.
People generally don't stop paying their mortgage unless something went seriously wrong with their finances and/or life. We hear their stories all the time, and they're often tragic. Loss of income, cancer, divorce, and enormous debt burdens are all common for people who default on their mortgage. Nothing good causes a person to stop paying their mortgage.
Many homeowners find that something strange happens when they stop paying their mortgage: nothing much. After missing payments they get letters from their bank telling them that they have to pay up or else lose their home. They don't pay because they can't, but still nothing happens for a long time.
Some homeowners go many years without making a payment, falling behind by tens or hundreds of thousands of dollars, and yet their house isn't sold at a foreclosure auction, the sheriff doesn't tell them to vacate the premises, and they're not thrown to the curb. Sometimes the collections calls even stop!
However, just because nothing seems to happen doesn't mean that the gears of foreclosure aren't turning or that the bank forgot that your loan isn't performing for them. Rest assured that they haven't forgotten about you and the money you owe them.
Amerihope Alliance Legal Services is a leading loan modification and foreclosure defense law firm with attorneys licensed in 5 states. We have helped over 7,000 homeowners fight back and keep their homes.
Our goal is to provide valuable information to help homeowners who are trying to obtain a loan modification or to stop foreclosure. You may schedule a free consultation at any time.
