In the last post, we went over some options to avoid foreclosure. Today I want to go over a few more. Of course, you should consult an attorney and/or accountant to fully understand the legal and/or tax implications of each method. The material presented here is strictly intended to be informational and should not be considered legal advice.
Reinstatement — Reinstating your loan means bringing it current. You’ll do this by paying off the arrearages (how far behind you are) and possibly some accrued attorney fees. Your lender will give you the amount. Your loan should then go back into a ‘good’ standing with your bank. The caveat? If you had the funds to reinstate your loan, you probably wouldn’t be reading this article. But maybe you have a relative or other source of funding you didn’t have beforehand (like a new job) and can now get back on track.
Filing Bankruptcy — Ok, filing for bankruptcy is a bigger deal than just stopping foreclosure, but it does halt the process in its tracks until you get your affairs in order. By all means, consider the consequences, both temporary and long-term of filing “BK” as there are different “chapters” with different schedules and intended outcomes (ex. wiping out debt versus reorganization). Consult a bankruptcy attorney if you have any questions as it can be a tricky legal process.
Deed-in-Lieu — A deed-in-lieu of foreclosure is when you voluntarily deed your property back to your lender. It’s still a form of foreclosure, but you’re potentially saving your bank thousands or more in legal fees by not forcing them to take your foreclosure to the end. In return, they may be willing to offer you incentives for a smoother “exit”. This is something you’ll have to negotiate with them. Again, just be sure you are clear on the legal and/or tax consequences.
Facing foreclosure in Hawaii or any other state sure isn’t fun. The current moratorium in force only affects non-judicials directly, but judicial foreclosures are still proceeding, so there’s no time to lose. Getting educated is the first step in moving forward in the best direction possible. Hopefully you’ve found the information here and in the last post informative and helpful. There are other sites out there as well, so take it all in and proceed in whatever direction you feel suits your situation and objectives the best.
Have you been down the foreclosure road already? Any insight to share as to what’s worked and what hasn’t? Share your experiences here!