Arizona Short Sale Help. Stop Foreclosure Fast With SellQuickForCash.com

Do You Need Help With You Arizona Short Sale? SellQuickForCash.com Specializes In The Arizona Short Sale Process And Can Help You Avoid Foreclosure And Short Sale Your Home!

Arizona Short Sale Help - Stop Arizona Foreclosure Fast With SellQuickForCash.com

WHAT IS A SHORT SALE?

A Real Estate Short Sale refers to a lender(s) accepting a sales price that is less than what is currently owed plus all related sales expenses. So basically, a potential buyer can make an offer on the home for thousands less than what is currently owed, and get it accepted by the bank! This is common in a declining housing market and can be a win-win for both the bank and the homeowner. Home sellers should consider a Short Sale in Arizona when the value of their home is LESS than the amount of their outstanding loans. For example, if your home is worth $225,000 but you have a loan of $250,000 then a short sale is a consideration. Normally a bank will begin to look at the short sale option only if the homeowner is behind on payments and begins to face foreclosure, but not always. In rare instances, the bank will still accept a short sale if the mortgage payments are current.

The process to end up choosing an Arizona Short Sale option typically works like this:

• The homeowner(s) begin to miss payments
• The lender(s) try to arrange a repayment plan
• The repayment plan fails or is never attempted and the bank mentions a short sale

ARIZONA SHORT SALE HELP!

Now, if you do not have to sell your home, you could wait out the market and hope for a turnaround in real estate values. However, if you do have to sell your home you basically have three options. First, you can bring cash to the table. In today's declining real estate market and using the example above, you would sell your home for $225,000 and pay another $25,000 to the lender out of your pocket to pay off the loan on your property. This does not include other selling costs such as closing costs, real estate commissions, taxes etc. Second, you could let the home go into foreclosure. The lender will go through the Arizona Foreclosure Process, force you out of your home and then auction it off to the highest bidder at a foreclosure or Trustee's auction. The third and best option is to pursue a short sale.

LET US APPLY FOR THE JOB!

http://www.sellquickforcash.com/realestateshortsale.htm has a team of highly trained short sale experts who have established fantastic relationships with most banks. We will handle your short sale transaction for you giving you the peace of mind you are searching for. The Arizona Short Sale process is NOT a "do it yourself" project. To successfully negotiate a short sale with a bank takes an experienced and highly trained real estate agent as well as a skilled negotiator. Our advanced process is extremely organized and we conduct these short sales in the quickest time possible relieving you of the fear of foreclosure! We are Arizona's Most Experienced Short Sale and Foreclosure Experts!

We Are A Member Of The BBB. We Have Many Referrals. We Are A Team Of Specialists That All Work On Your File!

CALL 602-626-3598

OR GO TO

http://www.sellquickforcash.com/shortsale.htm NOW!

April 2008 Foreclosure Rates Reach Record Highs. SellQuickForCash.com Provides Solutions To Stop Foreclosure Fast!

243,353 Foreclosures Filled Nationwide In April 2008

In April, one in every 519 American households received either a default notice, bank repossession or auction sale notice, according to RealtyTrac's U.S. Foreclosure Market Report. With foreclosure filings up 65 percent from a year ago, SellQuickForCash.com takes a look at which ten states had the highest foreclosure rates.

Top 10 State Foreclosure Fillings In April 2008

1. Nevada - One In Every 246 Housholds Recieved A Foreclosure Notice
2. California - One In Every 204 Housholds Recieved A Foreclosure Notice
3. Arizona - One In Every 224 Housholds Recieved A Foreclosure Notice
4. Florida - One In Every 242 Housholds Recieved A Foreclosure Notice
5. Colorado - One In Every 349 Housholds Recieved A Foreclosure Notice
6. Maryland - One In Every 380 Housholds Recieved A Foreclosure Notice
7. Georgia - One In Every 422 Housholds Recieved A Foreclosure Notice
8. Ohio - One In Every 432 Housholds Recieved A Foreclosure Notice
9. Michigan - One In Every 440 Housholds Recieved A Foreclosure Notice
10. Massachusetts - One In Every 539 Housholds Recieved A Foreclosure Notice
    

Arizona Foreclosure activity in April increased 26 percent from the previous month and 181 percent from April 2007, helping to bump the state's foreclosure rate up to third highest among the states. Foreclosure filings were reported on 11,620 Arizona properties in March, one in every 224 total households. (Source: RealtyTrac.)

It is obvious to us that the number of homeowners that need a REAL SOLUTION to stop foreclosure is rising and the housing market is still declining

SellQuickForCash.com has the resources and team in place to handle any housing / financial situation. We Are Arizona Short Sale Experts! Our team of specialists are highly educated on Arizona's foreclosure laws as well as the Foreclosure Process. Arizona Short Sales (http://www.sellquickforcash.com/shortsale.htm) are our specialty and we offer a no-hassle, quick close without Realtors and the fees associated with a traditional sale. We pay cash for houses fast in the Phoenix - Metro market. We buy both nice and ugly homes and we can close within 3 days, sometimes faster or slower, depending on your financial needs. We are Arizona's #1 "Cash For Houses" homebuyer dedicated to helping families in their time of need.

http://www.SellQuickForCash.com/

INFO@SELLQUICKFORCASH.COM

602-626-3598

Foreclosure Scams To Avoid. SellQuickForCash.com Educates You On These Threats!

Foreclosure Rescue Scams: Another Potential Stress For Homeowners In Distress. SellQuickForCash.com Educates You On These Threats So You Can Protect Your Family!

The possibility of losing your home to foreclosure can be terrifying. The reality that scam artists are preying on the vulnerability of desperate homeowners is equally frightening. Many so-called foreclosure rescue companies or foreclosure assistance firms claim they can help you save your home. Some are brazen enough to offer a money-back guarantee. Unfortunately, once most of these foreclosure fraudsters take your money, they leave you much the worse for wear.

Fraudulent foreclosure “rescue” professionals use half truths and outright lies to sell services that promise relief and then fail to deliver. Their goal is to make a quick profit through fees or mortgage payments they collect from you, but do not pass on to the lender. Sometimes, they assume ownership of your property by deceiving you, the homeowner. Then, when it’s too late to save your home, they take the property or siphon off the equity. You’ve lost your home to foreclosure despite your best intentions.

If you think you may be facing foreclosure, SellQuickForCash.com wants you to know how to recognize a foreclosure rescue scam. And even if the foreclosure process has already begun, SellQuickForCash.com want you to know that legitimate options are available to help you save your home.

The Following Is Taken From FTC.Gov Facts For Consumers Page:

How the Scams Work

Foreclosure rescue firms use a variety of tactics to find homeowners in distress: Some sift through public foreclosure notices in newspapers and on the Internet or through public files at local government offices, and then send personalized letters to homeowners. Others take a broader approach through ads on the Internet, on television, or in the newspaper, posters on telephone poles, median strips and at bus stops, or flyers or business cards at your front door.

The scam artists use simple and straight-forward messages, like:

• “Stop Foreclosure Now!”
• “We guarantee to stop your foreclosure.”
• “Keep Your Home. We know your home is scheduled to be sold. No Problem!”
• “We have special relationships within many banks that can speed up case approvals.”
• “We Can Save Your Home. Guaranteed. Free Consultation”
• “We Stop Foreclosures everyday. Our team of professionals can stop yours this week!”

Once they have your attention, they use a variety of tactics to get your money:

Phony Counseling or Phantom Help

The scam artist tells you that he can negotiate a deal with your lender to save your house if you pay a fee first. You may be told not to contact your lender, lawyer, or credit counselor, and to let the scam artist handle all the details. Once you pay the fee, the scam artist takes off with your money.

Sometimes, the scam artist insists that you make all mortgage payments directly to him while he negotiates with the lender. In this instance, the scammer may collect a few months of payments before disappearing.

Bait-and-Switch

You think you’re signing documents for a new loan to make your existing mortgage current. This is a trick: you’ve signed documents that surrender the title of your house to the foreclosure scam artist in exchange for a “rescue” loan.

Rent-to-Buy Scheme

You’re told to surrender the title as part of a deal that allows you to remain in your home as a renter, and to buy it back during the next few years. You may be told that surrendering the title will permit a borrower with a better credit rating to secure new financing – and prevent the loss of the home. But the terms of these deals usually are so burdensome that buying back your home becomes impossible. You lose the home, and the scam artist walks off with all or most of your home’s equity. Worse yet, when the new borrower defaults on the loan, you’re evicted.

In a variation, the foreclosure scam artist raises the rent over time to the point that the former homeowner can’t afford it. After missing several rent payments, the renter – the former homeowner – is evicted, leaving the “rescuer” free to sell the house.

In a similar equity-skimming situation, the foreclosure scam artist offers to find a buyer for your home, but only if you sign over the deed and move out. The scam artist promises to pay you a portion of the profit when the home sells. Once you transfer the deed, the scam artist simply rents out the home and pockets the proceeds while your lender proceeds with the foreclosure. In the end, you lose your home – and you’re still responsible for the unpaid mortgage. That’s because transferring the deed does nothing to transfer your mortgage obligation.

Fraudulent foreclosure “rescue” professionals use half truths and outright lies to sell services that promise relief and then fail to deliver.

Bankruptcy Foreclosure

The foreclosure scam artist may promise to negotiate with your lender or to get refinancing on your behalf if you pay a fee up front. Instead of contacting your lender or refinancing your loan, though, the scam artist pockets the fee and files a bankruptcy case in your name – sometimes without your knowledge.

A bankruptcy filing often stops a home foreclosure, but only temporarily. What’s more, the bankruptcy process is complicated, expensive, and unforgiving. For example, if you fail to attend the first meeting with the creditors, the bankruptcy judge will dismiss the case and the foreclosure proceedings will continue.

If this happens, you could lose the money you paid to the foreclosure scam artist as well as your home. Worse yet, a bankruptcy stays on your credit report for 10 years, and can make it difficult to obtain credit, buy a home, get life insurance, or sometimes get a job.

Why Should You Trust SellQuickforCash.com?

-We Put Everything In Writting
-We Have Many Referrals From Past Clients
-We Do Not Charge Any Fees To Stop Foreclosure
-We Are A Member In Good Standing With The BBB
-We Do Not Charge Any Fees To Purchase Your Home
-We Spend The Time To Educate You On Your Options
-We Close Every Deal Through An Independant Third Party Title Company

SellQuickForCash.com has the resources and team in place to handle any housing / financial situation. Our team of specialists are highly educated on Arizona's foreclosure laws as well as the foreclosure process. Short Sales (http://www.sellquickforcash.com/shortsale.htm) are our specialty and we offer a no-hassle, quick close without Realtors and the fees associated with a traditional sale. We pay cash for houses fast in the Phoenix - Metro market. We buy both nice and ugly homes and we can close within 3 days, sometimes faster or slower, depending on your financial needs. We are Arizona's Premier "Cash For Houses" homebuyer dedicated to helping families in their time of need. WE ARE REAL FORECLOSURE EXPERTS WITH INTEGRITY!

http://www.SellQuickForCash.com/

INFO@SELLQUICKFORCASH.COM

602-626-3598

SellQuickForCash.com Investigates Deceptive Mortgage Advertising. How America Is Facing Foreclosure!

SellQuickForCash.com Investigates Deceptive Mortgage Ads. What They Say; What They Leave Out!

So we all see those ads from Ditech.com or Countrywide.com that pitch low fixed rates, low monthly paymenst, or mortgage rates at 30 year lows. When we talk with homeowners that are Facing Foreclosure we ask them why they are in the situation they are currently in. The majority of them explain to us that their mortgage lender placed them into a bad, adjustable rate loan, a loan with a prepayment penalty, or had them maximize a HELOC (Home Equity Line Of Credit). Deceptive advertising got you in the door, and an unregulated loan officer placed you into a bad loan. Why we can only cross our fingers and hope that the mortgage industry becomes regulated, we can be proactive and unveil the mystery behind some of these deceptive mortgage ads!

The following is from the FTC.Gov website concerning mortgage advertising.

If you’re looking for a mortgage to buy a home or refinance an existing loan, you may see or hear ads with offers of low rates or payments. Whether you see them on the Internet, on television or in the paper, or whether they come by fax or mail, some of these ads look like they’re from your mortgage company or a government agency. Regardless of where you see the ads, remember that while the offers are tempting, some are terribly flawed: they don’t disclose the true terms of the deal as the law requires.

The Federal Trade Commission, the nation’s consumer protection agency, says that when you’re shopping for a home loan, it’s important to understand all the terms and conditions of a proposed loan. Start with what is in the ad itself. Read what’s between the lines as well as what’s in front of your eyes.

What The Ads Say

To help you recognize an offer that may be less than complete, the FTC wants you to know the buzz words that should trigger follow-up questions, as well as information to insist on after you’ve read an ad.

A Low “Fixed” Rate: Ads that tout a “fixed” rate may not tell you how long it will be “fixed.” The rate may be fixed for an introductory period only, and that can be as short as 30 days. When you shop for a mortgage, you need to know when and how your rate, and payments, can change.

Very Low Rates: Are the ads talking about a “payment” rate or the interest rate? This important detail may be buried in the fine print, if it’s there at all. The interest rate is the rate used to calculate the amount of interest you will owe the lender each month. The payment rate is the rate used to calculate the amount of the payment you are obligated to make each month. Some offers advertise a low payment rate without telling you that it applies only during an introductory period. What’s more, if the payment rate is less than the interest rate, you won’t be covering the interest due. This is called “negative amortization.” It means that your loan balance is actually increasing because you’re not paying all the interest that comes due, and the lender is adding the unpaid interest to the balance you owe.

Very Low Payment Amounts: Ads quoting a very low payment amount probably aren’t telling the whole story. For example, the offer might be for an Interest Only (I/O) loan, where you pay only the amount of interest accrued each month. While the low payment amount may be tempting, eventually, you will have to pay off the principal. Your payment may go up after an introductory period, so that you would be paying down some of the principal – or you may end up owing a “balloon” payment, a lump sum usually due at the end of a loan. You must come up with the money when a balloon payment is due. If you can’t, you may need another loan, which, in turn, means new closing costs, and potentially points and fees. And if housing prices are falling, you might not be able to refinance to lower your payments.

Mortgage rates near 30-year lows! Rates as low as 1%! You are paying too much! Who doesn’t want to reduce their mortgage payments? Loan amount $300,000 - pay only $900 per month!: Ads with “teaser” short term rates or payments like these don’t often disclose that a rate or payment is for a very short introductory period. If you don’t nail down the details in advance about your rates and payments for every month of the life of your loan, expect payment shock when the rate and payment increase dramatically.

Important Notice From Your Mortgage Company. Open Immediately - Important Financial Information Enclosed. Please do not discard - account information enclosed: Appearances can be deceiving. Mailers that have information about your mortgage and your lender may not be from your lender at all, but rather from another company that wants your business. Companies can legally get your information from public records. Before you respond to any offer, review it carefully to make sure you know who you’re dealing with.

You are eligible to take part in an exclusive interest rate reduction program. This financial institution has been licensed to negotiate your existing adjustable mortgage to a new fixed rate mortgage. You must contact us immediately regarding this notice. Some businesses use official-looking stamps, envelopes, forms, and references to make you think their offer is from a government agency or program. If you’re concerned about a mailing you’ve received, contact the government agency mentioned in the letter. If it’s a legitimate agency – and not one that just sounds like a government agency – you’ll find the phone number in the Blue Pages of your telephone directory.

What the Ads Don’t Say

The APR: The Annual Percentage Rate is a critical factor in comparing mortgage offers from different lenders. It is the total cost of the credit expressed as a yearly interest rate. This rate is different than the simple interest rate on your loan note, because the APR includes all costs of the credit such as points and processing fees. Knowing the APR makes it easier to compare “apples to apples” when considering mortgage offers. Look for the APR for your loan. The amount may not be in the ad at all; it may be hidden in the fine print, or it may be available deep within a website after multiple clicks.

Important Payment Information: It’s hard to know what you don’t know, and often, some of the most important information you need isn’t in the ad, is hidden in the fine print, or is available only at a website after many clicks. To make an informed judgment about any mortgage offer, you need to know – or ask:

• What will the monthly payment be for every month of the loan, and could it increase?

• When could it increase?

• What would your new payment be?

• Could your monthly payment increase more than once?

• Does the monthly payment include an escrow amount to pay for your property taxes and homeowners insurance, or must you pay these costs on your own?

• If you have to pay on your own, ask your lender for an estimate so you can budget accordingly.

• What is the term of the loan (for example, 15 years? 30 years?)? How many payments will you have to make?

• Would the loan be paid off at the end or would you still owe a “balloon” payment?

• Will you have to pay prepayment penalties to refinance and pay off the loan early? If so, how much, and when would they apply?

• If the loan has an introductory or teaser rate, can you refinance, without penalties, before the rate resets and your payment increases?

At Sell Quick For Cash Dot Com, we want to take a proactive approach to solving Arizona's housing problem. We believe that through education, homeowners can choose the right mortgage option that fits their families needs. Use our website as a tool and together we can hault the rising Foreclosure rate. We are a highly trained group of Foreclosure Specialists that understand Arizona's Foreclosure Process so if you are facing a Foreclosure auction, please feel free to call us at 602-626-3598 or visit our website at http://www.SellQuickForCash.com/ today. Each homeowner has a unique situation, and we provide free, no-obligation phone consultations to explain your options.

Short Sale Experts SellQuickForCash.com Is Helping Arizona's Homeowners Avoid Foreclosure!

ARIZONA REAL ESTATE SHORT SALE EXPERTS

Do you owe more than your home is currently worth? Is your home loan amount equal to or higher than your current home value? Are you behind on payments, or realize that you can no longer afford your home? If this is your situation, SellQuickForCash.com can help!

Selling a home that has a loan higher than it's worth is extremely difficult, if not impossible. Who would want to pay above the true value of a home? Usually when a homeowner owes more than the home's current market value and can no longer afford the home, they are left with two choices: 1. Lose the home to Foreclosure due to no one wanting to buy an overpriced home; 2. Negotiate an Arizona Short Sale with the bank to ensure the home sells before foreclosure. Obviously no homeowner wants to lose their home to foreclosure. People who let their home go to foreclosure typically destroy their credit for 7 years during which time, it is nearly impossible to purchase another house. There is a better way to exit from your financial burden...a Real Estate Short Sale!

So What Is A Short Sale?

A Real Estate Short Sale is when the bank is willing to take a lesser amount of your home's loan in order to sell your home and Stop Foreclosure. Basically, our company goes in and negotiates with your lender to accept a discounted sales price due to your financial situation, as well as the current market conditions.For example: Your home's current market value is $200,000 You loan amount for your home is $225,000. No one will want to buy your home for $225,000 because the real value is $200,000. The bank then realizes they must lower the amount owed to $175,000 (this number varies) so the home can sell. This is just a simple example and all the numbers will vary from deal to deal.

So why Is A Real Estate Short Sale Better Than A Foreclosure?

A Real Estate Short Sale is a win/win solution for everyone. Obviously the homeowner does not want a foreclosure on their record. The bank definitely does not want to take the home back through foreclosure due to the large expenses and long waiting period. So if the homeowner can complete a short sale, they will have successfully sold their home without losing the home through foreclosure, thus saving their credit. And the bank will be satisfied due to not having to foreclose on the home saving time and money.

Plus, the time it takes to rebound from a Real Estate Short Sale is much shorter than the time it takes with a Foreclosure! Furthermore, it shows your character! You are attempting to repay the loan that you took out which gives you peace of mind.Homeowners desiring to do a short sale usually must show to the bank:

• Financial hardship
• Loss of job
• Divorce
• Medical conditions or large medical bills
• Behind on payments
• Job Transfer

Typical Beginings Of A Real Estate Short Sale:

1. The homeowner(s) begin to miss payments
2. The lender(s) try to arrange a repayment plan
3. The repayment plan fails or is never attempted and the bank mentions a short sale

Requirements for a Real Estate Short Sale are:

1. A proven financial hardship
2. Behind on payments (In most circumstances)
3. You owe as much or more than your home is currently worthThe homeowner requests a short sale packet from their lender(s)
4. The bank notifies the homeowner(s) that they can't turn in the short sale packet until they have a signed purchase contract
5. The homeowner(s) decide to contact SellQuickForCash.com

WWW.SELLQUICKFORCASH.COM specializes in negotiating short sales for Arizona homeowners. At http://www.sellquickforcash.com/ we buy houses fast for cash with no Realtors, Fees, or Hassles!

WWW.SELLQUICKFORCASH.COM has a team of highly trained Short Sale Experts who have established fantastic relationships with most banks. We will handle your short sale transaction for you giving you the peace of mind you are searching for. The Arizona Short Sale Process is NOT a "do it yourself" project. To successfully negotiate a Short Sale In Arizona with a bank takes an experienced and highly trained real estate agent as well as a skilled negotiator. Our advanced process is extremely organized and we conduct these short sales in the quickest time possible relieving you of the fear of Foreclosure!

We Are A Member Of The BBB. We Have Many Referalls. We Are A Team Of Specialists That All Work On Your File!

602-626-3598

Info@SellQuickForCash.com

http://www.sellquickforcash.com/shortsale.htm

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Different Ways SellQuickForCash.com Buys Houses In Arizona!

At SellQuickForCash.com, our professional, experienced home buyers can make you an offer for your property regardless of condition, age, repair needs or equity status. The only thing you need is a desire to sell. If you are shopping your home or don't really have a need to sell your home fast, our home buying service probably is not for you. Our home buying specialists buy houses from those who need a quick sale and fast close at a fair price. We are also Foreclosure and Short Sale experts with real solutions to stop foreclosure fast!

Some of the ways we buy houses are:

Cash Transaction — Owner Financing — Creative Financing — Conventional Financing

Cash Transaction
This process takes between 3-14 days. The time is dependent on the title search.

Pros
- Immediate mortgage relief

- No worries of whether the home buyer can qualify for a mortgage

- No worrying with needed repairs- LOW closing costs for your home

Cons

-Higher out-of-pocket expense for home buyer may mean you might get slightly less than full retail value

Owner Financing
This is a process that provides the home seller numerous benefits. It is easy, quick and clean. The home buyer assumes your mortgage note and, if you have ample equity in your house, will cut you a check at closing.

Pros
-Fastest route to mortgage relief

- Cash at closing - Rebuild your credit

- Almost zero closing costs

- No worrying with needed repairs

Cons

From our perspective, there are none

Creative Financing
There are any number of ways to sell a home — too many to list here. Every situation and every reason for a sale is unique. If you and one of our home buyers come up with a creative way to sell a home, let us know so we can share it with others!

Conventional Financing
When a seller needs to sell a home fast, this is the most costly and cumbersome approach. With interest rates at historic lows, mortgage processing time is taking months to close in some cases.

Pros
- Mortgage relief in months

- Cash at closing

Cons
- Home buyer might not qualify

- HIGH closing costs

- Could take months to close

Contact http://www.sellquickforcash.com/ Today For A Free Home Evaluation. Let One Of Our Specialists Evaluate Your Situation And Create A Custom Solution To Your Housing Problem

602-626-3598

Info@SellQuickForCash.com

www.SellQuickForCash.com

How Does Filling For Bankruptcy Affect Foreclosure? SellQuickForCash.com Investigates!

SellQuickForCash.com Investigates Common Questions How Bankruptcy Affects Foreclosure!

When Facing Foreclosure, it is very important you understand how bankruptcy works and we suggest you meet with a bankruptcy attorney before considering this option. Many people use bankruptcy as a scare tactic. There are several different “chapters” of bankruptcy. Some are work-out others are wipe-out, but here is the general idea. When someone files bankruptcy it’s almost like someone builds a temporary “bullet-proof” barrier around the house. No one can touch you! However, you are not free of all responsibility and most people do not understand that. We are not bankruptcy attorneys, but you need to know the difference between a Chapter 7 and a Chapter 13 bankruptcy so you know what happens. Like we mentioned earlier, some bankruptcies are “work out” others are “wipe out”. The two that we will focus on are the Chapter 7 and Chapter 13. These are the most common in your situation. Chapter 7 is the “wipe out” and Chapter 13 is the “work out”. Bankruptcy is a federal court action designed to help individuals repays their debts or eliminate their debts depending on their circumstances. Chapter 13 bankruptcies are designed to reorganize debts in an effort to repay all debt. Chapter 7 bankruptcies are geared more towards liquidation of assets. Both Chapter 7 and Chapter 13 immediately stop the foreclosure process and any creditors from taking further action against you.

How A Chapter 7 Bankruptcy Works:

When someone files a Chapter 7 bankruptcy, all assets and creditor collections are technically frozen which is called an automatic stay. The person filing bankruptcy cannot buy or sell anything, nor can they give away their property. If they try to sell their home, the court could order the receiving party to return it to the custody of the court appointed Trustee. Unsecured debts such as credit cards, unsecured loans, etc. are typically eliminated, although you should confer with your attorney on the rules regarding this. Then the trustee or attorney who represents the court and the creditors will look at all the assets (house, car, furniture, and equipment) a thing of value and decide what must be liquidated to pay some of the debt that was wiped out. The statute provides that there are some minimal assets a person filing bankruptcy may keep. If the homeowners are involved in a pending foreclosure, a Chapter 7 will stop the foreclosure process temporarily. Usually, your lender will request the court appointed Trustee to release the property from the automatic stay so they may continue with the foreclosure process. Once the property has been released from the bankruptcy, the foreclosure process starts up again.

Chapter 13 Bankruptcy Is a Little Different:

When someone files a Chapter 13, they usually keep their assets and repay their debts in a debt consolidation plan. Whatever amount is agreed upon has to be paid to the Bankruptcy Court every month for the next 3-5 years. The homeowner usually keeps their house, car, and other assets. The homeowner is required to stay current with the mortgage payments and pays the amount agreed upon. If any payments are missed, the trustee will dismiss the bankruptcy and the foreclosure process will begin again. Bankruptcy is usually a last resort and should not be used to stop foreclosure unless you have no other option or else you need the protection of a bankruptcy due to other circumstances. If you feel this may be your best option, please seek legal advice.

Bottom Line: To take advantage of this solution you should consult an experienced bankruptcy attorney. We are not in the business of giving legal advice and in no way are we bankruptcy experts. This information is deemed reliable but no guarantees or warrantees are expressed or implied!

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Some Commonly Asked Questions About Bankruptcy & Foreclosure:

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What exactly is bankruptcy?

Bankruptcy is a federal court process designed to help people eliminate their debts or repay them under the protection of the bankruptcy court. Bankruptcies can generally be described as "liquidation" or "reorganization."

Will filing for bankruptcy protect me from creditors' efforts to collect what I owe?
When you file bankruptcy, an "automatic stay" goes into effect. The automatic stay prohibits most creditors from taking any action to collect the debts you owe them unless the bankruptcy court lifts the stay and lets the creditor proceed with collections.

What is the difference between Chapter 7 and Chapter 13 bankruptcy?
In Chapter 7 bankruptcy, you ask the bankruptcy court to discharge most of the debts you owe. In exchange for this discharge, the bankruptcy trustee can take any property you own that is not exempt from collection, sell it, and distribute the proceeds to your creditors.

In Chapter 13 bankruptcy, you file a repayment plan with the bankruptcy court to pay back your debts over time. The amount you'll have to repay depends on how much you earn, the amount and types of debt you owe, and how much property you own.

What might I lose if I file for bankruptcy?

• You may be able to exempt up to $17,425 of your homes equity. Some states have no homestead exemption; others allow debtors to protect all or most of the equity in their home.(this is only an estimate and to please consult a local Bankruptcy Lawyer to discuss your individual situation)

• Insurance. You usually get to keep the cash value of your policies.
  Retirement plans. Pensions which qualify under the Employee Retirement Income Security Act (ERISA) are fully protected in bankruptcy. So are many other retirement benefits; often, however, IRAs and Keoghs are not.

• Personal property. You'll be able to keep most household goods, furniture, furnishings, clothing (other than furs), appliances, books and musical instruments. You may be able to keep jewelry only worth up to $1,000 or so. Most states let you keep a vehicle with more than $2,400 of equity. And many states give you a "wild card" amount of money -- often $1,000 or more - that you can apply toward any property.

• Public benefits. All public benefits, such as welfare, Social Security, and unemployment insurance, are fully protected.

• Tools used on your job. You'll probably be able to keep up to a few thousand dollars worth of the tools used in your trade or profession.

• Wages. In most states, you can protect at least 75% of wages that you have earned but not yet received.

How Creditors Can Get Around the Automatic Stay.
Usually, a creditor can get around the automatic stay by asking the bankruptcy court to remove ("lift") the stay, if it is not serving its intended purpose. For example, say you file for bankruptcy the day before your house is to be sold in foreclosure. You have no equity in the house, you can't pay your mortgage arrears, and you have no way of keeping the property. The foreclosing creditor is apt to run to court soon after you file for bankruptcy, to ask for permission to proceed with the foreclosure - and that permission is likely to be granted.

Will bankruptcy stop a foreclosure?
Yes and No… A home is an asset usually secured by a deed of trust. The mortgage company is entitled apply to the court for relief from the automatic stay, the order preventing creditor action by virtue of the bankruptcy. Depending upon several factors, you may be able to prolong a foreclosure until you have received your discharge from bankruptcy. Usually, to keep a home that is in foreclosure you will have to make a deal with the Mortgage Company. This is the key, you still must work something out with the Mortgage Company to repay the past due amount. This is why we say filing for Bankruptcy is like putting a band aid on a bullet wound… it may help you at first but major surgery is still required.

Bottom Line: Bankruptcy may buy you a small amount of time but negotiations will still need to be made with the Mortgage Company to enable you to keep your home. Most people who file Bankruptcy to save heir home from Foreclosure wish they had not because in most cases they are in a worse position that when they started. Filing Bankruptcy removes your leverage and places your fate in someone else’s hands. Your best option is for you to stay in control, and allow SellQuickForCash.com work something out for your prior to filing.

Pros for filing Bankruptcy to Stop Foreclosure

• The Foreclosure proceedings will be temporarily suspended.
  
  

Cons for filing Bankruptcy to Stop Foreclosure

• There will be a bankruptcy on your record for 10 years.

• The Mortgage Company can work around the Bankruptcy and still Foreclose.

• You lose any leverage and control you once had.

• A deal must still be worked out with the Mortgage Company to repay the past due amount. If you are 1 day late on any trustee payments your case "may" be dismissed, the stay will be lifted and you will be back in Foreclosure.

• SellQuickForCash.com can negotiate on your behalf with the Mortgage Company to keep your Home from Foreclosure and get your loan back in good standing.

About The Author:

WWW.SELLQUICKFORCASH.COM has a team of highly trained short sale experts who have established fantastic relationships with most banks. We will handle your short sale transaction for you giving you the peace of mind you are searching for. The short sale process is NOT a "do it yourself" project. To successfully negotiate a short sale with a bank takes an experienced and highly trained real estate agent as well as a skilled negotiator. Our advanced process is extremely organized and we conduct these short sales in the quickest time possible relieving you of the fear of foreclosure! We are Arizona’s Premier Short Sale and Foreclosure Experts!

CALL 602-626-3598

http://www.SellQuickForCash.com/shortsale.htm

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Tax Consequence Of A Real Estate Short Sale...IRS Tax Rules & Definitions!

www.SellQuickForCash.com Investigates The Tax Consequences Of A Real Estate Short Sale On An Arizona Homeowner.

When completing a Short Sale, possible tax issues can arise for the homeowner. As such, an owner considering a Short Sale should be encouraged to discuss these issues with an attorney, accountant, or other appropriate professional. From my understanding, the debt forgiven by a lender is generally taxable to the borrower as "debt discharge income." When a taxpayer receives proceeds from a new loan, those proceeds are not taxable income because there is an offsetting obligation to repay. However, if the debt is cancelled, there may be debt discharge income. This basically means that if you owe $200,000 and Short Sale the home for $150,000, on your next tax return it could look like you have $50,000 worth of earned income from the sale of your residence and would be treated as taxable income. IRS Form 1099-C: Cancellation of Debt will be sent to you at the end of the year.

BREAKING NEWS! H.R. 1876: The Mortgage Forgiveness Debt Relief Act of 2007 would eliminate the tax owed on any forgiven mortgage debt. This bill has been passed and signed into law by the president! The bill permanently eliminates tax on up to $2 million of debt for a principal residence. The best part about this bill is that it is retroactive to January 1st, 2007. This means that any Short Sale conducted after that date automatically is protected from any tax implications! For more info, please visit http://www.whitehouse.gov/news/releases/2007/12/20071220-6.html

The following is taken from http://www.irs.gov/newsroom/article/0,,id=174034,00.html the IRS's website regarding short sales:

Questions and Answers on Home Foreclosure and Debt Cancellation

Update Feb. 4, 2008 — The Mortgage Forgiveness Debt Relief Act of 2007 generally allows taxpayers to exclude income from the discharge of debt on their principal residence. Debt reduced through mortgage restructuring, as well as mortgage debt forgiven in connection with a foreclosure, qualify for this relief.

This provision applies to debt forgiven in 2007, 2008 or 2009. Up to $2 million of forgiven debt is eligible for this exclusion ($1 million if married filing separately). The exclusion doesn’t apply if the discharge is due to services performed for the lender or any other reason not directly related to a decline in the home’s value or the taxpayer’s financial condition.

The amount excluded reduces the taxpayer’s cost basis in the home. More information on claiming this exclusion will be available soon.

The questions and answers, below, are based on the law prior to the passage of the Mortgage Forgiveness Debt Relief Act of 2007.

1. What is Cancellation of Debt?

If you borrow money from a commercial lender and the lender later cancels or forgives the debt, you may have to include the cancelled amount in income for tax purposes, depending on the circumstances. When you borrowed the money you were not required to include the loan proceeds in income because you had an obligation to repay the lender. When that obligation is subsequently forgiven, the amount you received as loan proceeds is reportable as income because you no longer have an obligation to repay the lender. The lender is usually required to report the amount of the canceled debt to you and the IRS on a Form 1099-C, Cancellation of Debt.

Here’s a very simplified example. You borrow $10,000 and default on the loan after paying back $2,000. If the lender is unable to collect the remaining debt from you, there is a cancellation of debt of $8,000, which generally is taxable income to you.

2. Is Cancellation of Debt income always taxable?

Not always. There are some exceptions. The most common situations when cancellation of debt income is not taxable involve:

• Bankruptcy: Debts discharged through bankruptcy are not considered taxable income.

• Insolvency: If you are insolvent when the debt is cancelled, some or all of the cancelled debt may not be taxable to you.You are insolvent when your total debts are more than the fair market value of your total assets.Insolvency can be fairly complex to determine and the assistance of a tax professional is recommended if you believe you qualify for this exception.

• Certain farm debts:If you incurred the debt directly in operation of a farm, more than half your income from the prior three years was from farming, and the loan was owed to a person or agency regularly engaged in lending, your cancelled debt is generally not considered taxable income. The rules applicable to farmers are complex and the assistance of a tax professional is recommended if you believe you qualify for this exception.

• Non-recourse loans:A non-recourse loan is a loan for which the lender’s only remedy in case of default is to repossess the property being financed or used as collateral.That is, the lender cannot pursue you personally in case of default. Forgiveness of a non-recourse loan resulting from a foreclosure does not result in cancellation of debt income.However, it may result in other tax consequences, as discussed in Question 3 below.

3. I lost my home through foreclosure. Are there tax consequences?

There are two possible consequences you must consider:

• Taxable cancellation of debt income. (Note: As stated above, cancellation of debt income is not taxable in the case of non-recourse loans.)

• A reportable gain from the disposition of the home (because foreclosures are treated like sales for tax purposes).(Note: Often some or all of the gain from the sale of a personal residence qualifies for exclusion from income.)

Use the following steps to compute the income to be reported from a foreclosure:

Step 1 - Figuring Cancellation of Debt Income (Note: For non-recourse loans, skip this section. You have no income from cancellation of debt.)

1. Enter the total amount of the debt immediately prior to the foreclosure.___________

2. Enter the fair market value of the property from Form 1099-C, box 7. ___________

3. Subtract line 2 from line 1. If less than zero, enter zero.___________

The amount on line 3 will generally equal the amount shown in box 2 of Form 1099-C. This amount is taxable unless you meet one of the exceptions in question 2. Enter it on line 21, Other Income, of your Form 1040.

Step 2 – Figuring Gain from Foreclosure

4. Enter the fair market value of the property foreclosed.For non-recourse loans, enter the amount of the debt immediately prior to the foreclosure ________

5. Enter your adjusted basis in the property.(Usually your purchase price plus the cost of any major improvements.)

____________

6. Subtract line 5 from line 4. If less than zero, enter zero.

The amount on line 6 is your gain from the foreclosure of your home. If you have owned and used the home as your principal residence for periods totaling at least two years during the five year period ending on the date of the foreclosure, you may exclude up to $250,000 (up to $500,000 for married couples filing a joint return) from income. If you do not qualify for this exclusion, or your gain exceeds $250,000 ($500,000 for married couples filing a joint return), report the taxable amount on Schedule D, Capital Gains and Losses.

4. I lost money on the foreclosure of my home. Can I claim a loss on my tax return?

No. Losses from the sale or foreclosure of personal property are not deductible.

5. Can you provide examples?

A borrower bought a home in August 2005 and lived in it until it was taken through foreclosure in September 2007. The original purchase price was $170,000, the home is worth $200,000 at foreclosure, and the mortgage debt canceled at foreclosure is $220,000. At the time of the foreclosure, the borrower is insolvent, with liabilities (mortgage, credit cards, car loans and other debts) totaling $250,000 and assets totaling $230,000.

The borrower figures income from the foreclosure as follows:

Use the following steps to compute the income to be reported from a foreclosure:

Step 1 - Figuring Cancellation of Debt Income (Note: For non-recourse loans, skip this section. You have no income from cancellation of debt.)

1. Enter the total amount of the debt immediately prior to the foreclosure.___$220,000__

2. Enter the fair market value of the property from Form 1099-C, box 7. ___$200,000__

3. Subtract line 2 from line 1.If less than zero, enter zero.___$20,000__
The amount on line 3 will generally equal the amount shown in box 2 of Form 1099-C. This amount is taxable unless you meet one of the exceptions in question 2. Enter it on line 21, Other Income, of your Form 1040.

Step 2 – Figuring Gain from Foreclosure

4. Enter the fair market value of the property foreclosed.For non-recourse loans, enter the amount of the debt immediately prior to the foreclosure. __$200,000__

5. Enter your adjusted basis in the property.(Usually your purchase price plus the cost of any major improvements.) ___$170,000__

6. Subtract line 5 from line 4.If less than zero, enter zero.___$30,000__

The amount on line 6 is your gain from the foreclosure of your home. If you have owned and used the home as your principal residence for periods totaling at least two years during the five year period ending on the date of the foreclosure, you may exclude up to $250,000 (up to $500,000 for married couples filing a joint return) from income. If you do not qualify for this exclusion, or your gain exceeds $250,000 ($500,000 for married couples filing a joint return), report the taxable amount on Schedule D, Capital Gains and Losses.

In this situation, the borrower has a tax-free home-sale gain of $30,000 ($200,000 minus $170,000), because they owned and lived in their home as a principal residence for at least two years. Ordinarily, the borrower would also have taxable debt-forgiveness income of $20,000 ($220,000 minus $200,000). But since the borrower’s liabilities exceed assets by $20,000 ($250,000 minus $230,000) there is no tax on the canceled debt.

Other examples can be found in IRS Publication 544, Sales and Other Dispositions of Assets, under the section “Foreclosures and Repossessions”.

6. I don’t agree with the information on the Form 1099-C. What should I do?

Contact the lender. The lender should issue a corrected form if the information is determined to be incorrect. Retain all records related to the purchase of your home and all related debt.

7. I received a notice from the IRS on this. What should I do?

The IRS urges borrowers with questions to call the phone number shown on the notice. The IRS also urges borrowers who wind up owing additional tax and are unable to pay it in full to use the installment agreement form, normally included with the notice, to request a payment agreement with the agency.

8. Where else can I go to get tax help?

If you are having difficulty resolving a tax problem (such as one involving an IRS bill, letter or notice) through normal IRS channels, the Taxpayer Advocate Service may be able to help. For more information, you can also call the TAS toll-free case intake line at 1-877-777-4778, TTY/TDD 1-800-829-4059.

In some cases, you may qualify for free or low-cost assistance from a Low Income Taxpayer Clinic (LITC). LITCs are independent organizations that represent low income taxpayers in tax disputes with the IRS. Find information on an LITCs in your area.

About The Author:

WWW.SELLQUICKFORCASH.COM has a team of highly trained Short Sale Experts who have established fantastic relationships with most banks. We will handle your short sale transaction for you giving you the peace of mind you are searching for. The short sale process is NOT a "do it yourself" project. To successfully negotiate a short sale with a bank takes an experienced and highly trained real estate agent as well as a skilled negotiator. Our advanced process is extremely organized and we conduct these short sales in the quickest time possible relieving you of the fear of Foreclosure! We are Arizona’s #1 Short Sale and Foreclosure Experts!

CALL 602-626-3598

http://www.SellQuickForCash.com/shortsale.htm

http://www.SellQuickForCash.com

Homeowners Throwing In The Towel And Walking Away From Their Mortgage.

Mortgage lenders see more borrowers give up

By Noelle Knox, USA TODAY

On the front lines in the mortgage foreclosure crisis, lender and loan servicer Dennis Lauria says his deepest losses are from borrowers who owe more than their homes are worth and simply mail in the keys, rather than try to work out a new payment plan.

"I can't get you to pay if you've got no skin in the game," says Lauria, senior vice president of Popular Mortgage Servicing in Cherry Hill, N.J., who says 14% of his customers with subprime loans — high-interest loans given to people with poor credit ratings — are in default.

Nearly 3 million homeowners were behind on their mortgages at the end of last year, the Mortgage Bankers Association (MBA) said last week. An additional 1 million-plus borrowers were at risk of imminent foreclosure. The number of foreclosures is likely to set records throughout the year and poses an increasing risk to the housing market, the financial markets and the economy.

Federal Reserve Chairman Ben Bernanke says the mortgage industry needs a "vigorous" response to help beleaguered homeowners. But what about the response — or lack of one — from borrowers?

In California, Florida and Nevada, particularly, where prices are falling the steepest, rising numbers of borrowers are giving up and abandoning their homes despite the significant damage a foreclosure can have on the credit ratings that determine their ability to get future loans.

Nationwide, more than half the borrowers who lose their homes through foreclosure never answered their lenders' calls or letters, according to Freddie Mac. And an MBA analysis found that 23% of loans in foreclosure last fall were to homeowners who had no contact with their lenders, and that an additional 18% were to absentee owners.

The numbers help explain why it's so difficult to reverse the trends of rising foreclosures and falling property values. Even some homeowners who can afford to pay their mortgages are defaulting, Lauria says, because their house might have lost 30% of its value, and they figure it will be a long time before it's worth what they paid for it.

"They say, 'If I play my cards right, I can live here free for 12 months, maybe longer' " before the lender can foreclose, Lauria says. "Our challenge isn't contacting the borrower. I can talk to them, but they stick their tongue out at me."

Hundreds of thousands of distressed homeowners are reaching out for help. The Homeownership Preservation Foundation, part of the Hope Now Alliance, fields more than 4,000 calls daily to its toll-free hotline (888-995-HOPE). But about 1 in 4 callers don't want credit counseling, the foundation says. Many simply want financial relief.

Thary Yin, 26, who works at Wells Fargo's call center in South Carolina, talks with 10 to 20 borrowers a day.

"A lot of the stories I hear from mortgagors are situations that are very, very extreme," she says. "I talked to a cancer patient, and after Katrina hit New Orleans, the stories I hear. … Wells Fargo offers solutions on the mortgage side, but on the personal side, you can only cover so much on a phone call. Not being able to do more personally is the most difficult thing for me."

Getting more aggressive

With home prices sliding and politicians calling for government and the mortgage industry to do more to help troubled homeowners, lenders and loan servicers such as Lauria are becoming more aggressive in contacting delinquent borrowers and modifying loans to make payments a bit easier.

Such tactics make sense for the loan industry: The last thing a lender wants is another vacant property to fix up and sell.

"We're becoming more realistic about where the market's going to go," said David Sunlin, senior vice president for foreclosures and bankruptcy at Countrywide Financial, which is the nation's largest mortgage lender and the focus of several government investigations into aggressive lending practices that made the company financially vulnerable.

With an inventory of nearly 40,000 foreclosed properties nationwide, Sunlin says, he will work with a borrower to try to sell a property, even with a sizable loss, up to the date it's scheduled to be auctioned at a foreclosure sale.

At JPMorgan Chase, which has seen foreclosures jump 38% in the past two years, cases now go from collections to the "loss mitigation" department just five days after a borrower misses a payment, so the company can try to find a faster solution to keep the homeowner in the property. Not so long ago, the loss mitigation department didn't get involved until 90 days after a missed payment.

As soon as a lender takes control of a property, the value begins to drop while the maintenance costs mount.

Safeguard Properties, a company many lenders use to change the locks, cut the grass and board up windows on foreclosed homes, has seen business rise more than 15% during the past year. A lender will pay $600 to $1,200, and more in some cases, for Safeguard to care for each property.

The largest surges in new foreclosures in the fourth quarter of 2007 were in California, Arizona, Nevada and Florida, where the frenzied real estate boom in the past several years attracted buyers who put little money down and got risky loans with virtually no proof of income.

Avoiding lenders

There are many reasons homeowners behind on their mortgages fail to contact their lenders, mortgage specialists say. Some don't believe their lenders can help them. Others fear it will only speed the foreclosure process. And some don't call because they simply don't have money to give the lender, according to surveys by Wells Fargo and Freddie Mac.

"It's (lenders') own fault that borrowers won't answer their calls," says Todd Buckner, CEO of National Housing Solutions, a for-profit mediator between borrowers and lenders to stop foreclosures. "Their collections departments have beat (delinquent homeowners) over the head for months. It's no wonder borrowers won't answer the phone."

To reverse public perception that they don't want to work with troubled borrowers, lenders are hiring and training hundreds of employees to answer calls and help borrowers restructure their mortgages. They also are turning to more creative ways to try to reach at-risk homeowners.

The Hope Now Alliance, a coalition of 28 lenders and loan servicers supported by the Bush administration, has mailed more than 1 million letters since December to borrowers with subprime, adjustable-rate mortgages (ARMs). In many cases, the lenders are offering to freeze the borrower's interest rate for five years. In other cases, borrowers may qualify for a 30-year, fixed-rate loan. Even so, the response rate has been less than 20%, on average.

To find homeowners who have stopped paying their mortgages and moved out, lenders use companies known in the trade as "skip tracers." One of them, Players National Locator, for example, is receiving 7,000 cases a month from lenders looking to track down delinquent homeowners, up 20% since September.

Martin Goodman, president of Residential Capital in San Diego, sends his delinquent borrowers a $5 Starbucks gift certificate, along with documents that explain how his company can help them restructure their loans and avoid foreclosure. His response rate is only 10%.

But Goodman says making contact is only one challenge. The other is persuading delinquent borrowers to tell the truth about their financial condition. He suspects at least 90% of borrowers don't explain the real reason they are falling behind on their payments out of fear it might accelerate their foreclosure.

"Everybody's grandmother is dying. Everybody's kid is having surgery," Goodman says. "I'd rather somebody say, 'We mismanaged our debt. This is what we make, and this is what we can afford.' "

A 'sense of entitlement'

As home prices fall from coast to coast, 8.8 million homeowners will have mortgage balances equal to or greater than the value of their property by the end of the month, Moody's Economy.com. predicts.

That could come as a shock to consumers who thought property values would always rise, and it helps explain the attitudes lenders are seeing among their troubled customers, Goodman says.

"If you buy a car and it depreciates," Goodman says, "you don't expect the automobile dealer to write off your loan. There's a sense of entitlement (among homeowners) that is just unbelievable."

Goodman, whose firm specializes in home equity credit lines, says the main reasons people took out the loans were for home improvement, debt consolidation and medical expenses. But he estimates that about 20% used the cash to go on vacation or buy a new car.

Stories like his are fuel for the opposition in Washington against a government bailout for homeowners facing foreclosure. On the other side, consumer advocates such as the National Community Reinvestment Coalition (NCRC) can cite a litany of abusive lending practices that hurt homeowners.

"The government ought to get involved because there's been a market failure," said John Taylor, CEO of NCRC. "Our proposal is for the government to act as a cash-flow agent, to temporarily acquire the mortgages creating these problems long enough to refinance them into sensible terms and conditions. There would be no bailout because the government gets paid back."

So far, the Bush administration has backed two initiatives from the Hope Now Alliance to help some homeowners avoid foreclosure. But their restrictions severely limit their effectiveness.

In December, for example, the alliance said it would freeze interest rates or refinance an estimated 1.2 million homeowners with subprime ARMs. To qualify for the interest-rate freeze, borrowers would have to be facing a 10% increase in their mortgage payment once their interest rate reset. But many subprime ARMs are tied to an international index that has fallen 2 percentage points since Christmas.

"In our portfolio, 60% of the borrowers who would have gotten fast-tracked (under the Hope Now plan) would not get that now that the rates have changed so much," said Melissa Lucas, director of loss mitigation for Home Loan Services.

Instead of a payment increase of $450 a month, on average, her customers will see their payments rise by only $135. They may still qualify for other loan modification programs, she said, but not for the Hope Now plan.

FHA can help, sometimes

In a separate push, the administration backed this year's temporary increase in the maximum loan limits of the Federal Housing Administration, which caters to first-time and low-income borrowers.

The FHA also has created a new loan program, called FHASecure, to help subprime borrowers refinance out of risky ARMs. Since it was announced in fall, the FHA has received about 277,000 applications and approved fewer than half of them.

In New Jersey, Lauria said he sent the FHA about 3,000 of his company's delinquent loans to see how many could be refinanced under the FHASecure program. The answer: 61.

Even for the borrowers who contact their loan servicers, the options the companies can offer are tightly constrained by their contracts with investors who buy and sell pools of loans that are packaged as bonds.

But Lauria doesn't believe every homeowner who can't pay their mortgage can or should be saved.

"One-third of people who are delinquent should be in foreclosure. It's the best alternative," he says. "They don't have the money. They shouldn't have (gotten the loan) to begin with."

And that's why, he says, he doesn't blame some of them for walking away from their homes.

SellQuickForCash.com Case Study: Deed-In-Lieu Vs. Short Sale

Yesterday, a fellow investor sent me the following email regarding Short Sales Vs. Deed In Lieu:

I have a client that I am working with on a short sale for their house. Before talking with me they had already started the process with their first mortgage holder for a "deed in lieu of foreclosure". The lender has told me that they will consider either the deed in lieu or a short sale but not both. If I start the short sale process they will stop the deed in lieu process. The first mortgage holder will provide an initial readout on the deed in lieu on 12/29. My inclination is to wait on any short sale discussions until that time so that the homeowner will have that information from the lender before we start any short sale discussions.

Can you provide a summary of the advantages and disadvantages of a short sale vs a deed in lieu of foreclosure? I would like to provide some information to the homeowner so they can decide how to proceed. The other detail on this situation is that the homeowner also has a second mortgage. No discussions have taken place with the second mortgage holder so far. The house is not worth what is owed on the first.

This is a great question and I thought I would share what I know about Short Sales Vs. a Deed In Lieu.

Deed In Lieu Of Foreclosure:
A "deed in lieu of foreclosure" is when you voluntarily give your house back to your lender and move out. In exchange, the lender stops the foreclosure and agrees not to sue you for more money if the house is sold for less than the amount you owed. Since a DIF does not wipe out junior liens (i.e. 2nd mortgage or other liens), banks will usually NOT accept a DIF because they do not want to inherit the junior liens against the house. Also, you will not receive any money for your house when you use a DIF.

Bottom Line: In general, to take advantage of this solution, you must only have one mortgage. If you have a 2nd mortgage, 3rd mortgage, etc, most banks will not accept a DIF.

Short Sales:
A "short sale" is an agreement with your lender to accept less money than they're owed as full payment for your loan. This solution often makes sense when you owe more than the property is worth. For example, if you owe $500,000 but your property is only worth $420,000, a short sale may be your only option. Rather than trying to negotiate a short sale yourself, often times its better to call a professional who is experienced in negotiating with lenders. A short sale requires selling your property to an end buyer who will live there, or an investor who will negotiate with your lender on your behalf. There are no guarantees that the lender will accept the short sale. Keep in mind that your bank does not want your house back! It is considered a non-performing asset and they cannot have too many on their books! They want to work something out with you. As part of the short sale agreement, the lender prohibits you from receiving any proceeds from the sale. In other words, the investor cannot give you any money for your house. However, the investor may be able to give you some money under a "Bill of Sale" for household items such as furniture and personal effects such as jewelry or art.

Bottom Line: To take advantage of this solution, you need to have the following:

• A Hardship
• Owe As Much Or More Than Your House Is Worth
• A Realtor Or Short Sale Negotiator That Knows The Process And Paperwork Required By The Bank(s)

So to answer the investors question: I would first get all the financial information from the homeowner. I would want to know all about their financing (loan structure), and why they is going into foreclosure (his hardship). I would also take into consideration the local market and see if there is ammunition to take to the bank when negotiating my offer! Most investors don't realize how much work a Short Sale is and selfishly try to discount the home only to fail, when in fact all they are doing is wasting valuable time that the homeowner really can't spare. In my opinion, the bank will not allow a Deed In Lieu of Foreclosure because there is a second lien on the property, and a Short Sale will be this homeowners best option. (I would also check into a Loan Modification to see if that would be your homeowners best option...but thats for another case study!)