Lawrence B. Slater, PLLC
16444 E. Pecos Road
(on Pecos Road, between Greenfield and Higley)
Gilbert, AZ 85295
ph: 480-835-6000
fax: 480-281-9952
lawrence
Our Gilbert, Arizona real estate attorney and lawyer can help you with residential and home purchase and closing, foreclosure, litigation, contracts, closings, deeds, quiet title, investors. Serving Gilbert, Mesa, Chandler, Tempe, Scottsdale, Queen Creek, Apache Junction, Florence, Maricopa County, Pinal County.
In the past, if you missed three house payments, the mortgage company would file for foreclosure in the fourth month, and would take your house 90 days later. Today, there are many opportunities for modifications and other remedies. Foreclosures are not filed as quickly as in the past.
If you miss some payments, the lenders usually assign a "loss mitigator" to your account. They will usually work with you to send you a "hardship" package, where you give information on income and budget and give some explanation for the missed payments. Often, your monthly payment has become far higher than the market rate monthly payment for your property. There are now many circumstances where you can negotiate lower payments. Sometimes, you can even get a reduction on the principal balance of the loan!
You should be aware that you may be liable for a tax on any foregiveness of a debt. If you negotiate for reduction in the balance of a first or second mortgage on a residence, or if they accept a short sale or payoff for less than full value, they may send you a 1099 and charge you with taxable income in the amount of the debt that is foregiven.
Please contact our office if you have questions about your circumstance.
If your residence is lost to the mortgage company in a foreclosure, there is usually no liability to the first mortgage company for any deficiency in the loan. So, if your residence has a first mortgage of $300,000 and it is sold at the foreclosure sale for $200,000, the mortgage company may NOT have a claim against you for the $100,000 deficiency.
The rule may be different for a second mortgage that was not borrowed for the purchase of the residence. If you have a Home Equity Line of Credit (HELOC), you may be liable for the balance if there is a deficiency after a foreclosure sale. Or, the lender may forgive the debt and send you a 1099, making the forgiven debt into taxable income. Note that the deficiency claim on the second mortgage can usually be discharged in a Bankruptcy.
In either event, it is a good idea to get legal advice early when you fall behind in your house payments.
Many of the rules discussed above apply to family residences on 2.5 acres or less. Different rules may apply to investment properties, raw land, commercial property, and other properties.
We discussed some consequences above for a "foreclosure sale." The same rules usually apply to a Deed of Trust sale.
Copyright 2010-2013 Lawrence B. Slater, PLLC. All rights reserved.
Lawrence B. Slater, PLLC
16444 E. Pecos Road
(on Pecos Road, between Greenfield and Higley)
Gilbert, AZ 85295
ph: 480-835-6000
fax: 480-281-9952
lawrence