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Question: I am behind on my mortgage payments. Will my lender begin foreclosure proceedings?

Answer: When you buy a home using a mortgage loan, your home becomes collateral for the loan. If you do not repay the mortgage loan as agreed, your lender has the right to take your property and sell it to satisfy the debt, also known as foreclosure. Whether or not your lender will begin foreclosure proceedings depends on exactly how far behind you are on your mortgage payments. If you are only a month or two behind on payments, your lender will not likely begin foreclosure proceedings.

Typically, a lender will not file for foreclosure unless the lender is absolutely certain that the borrower is defaulting on the loan. It is important to remember, however, that late mortgage payments can damage your credit rating. If you are more than 30 days late on a mortgage payment, it will appear on your credit report and can remain there for up to seven years.

Behind on Mortgage Payments - Stop Foreclosure

Avoid Foreclosure: Seeking Alternatives Proptly Can Save Your Home

By Sharon Secor, Staff Writer

Mortgage foreclosures are happening at a startling rate in today’s market, making it more important than ever for consumers to be aware of the facts involving home loan default and foreclosure. The most recent statistics gathered by the Mortgage Bankers Association show a record setting number of foreclosure filings, the highest since their survey began 55 years ago. Some sources are citing a ninety percent rise in foreclosures in the twelve month period between May 2006 and May 2007. However, borrowers can avoid becoming part of this trend with a bit of foresight and quick action at the first sign of trouble with their home loan.

Unforeseen circumstances can effect even the most fiscally responsible among us, causing financial strain and missed or delayed payments. Homeowners can fall behind in monthly home loan payments due to an unexpected change in employment status, a sudden accident or illness, or a death in the family. If not properly handled, such issues can lead to home foreclosure. However, in most circumstances, foreclosure can be avoided if the consumer is proactive in addressing financial problems.

Among the most frequent mistakes made by consumers who are facing financial difficulties is poor communication. While discussing the problem with your lender can be uncomfortable and intimidating, it is crucial to avoiding foreclosure. Most lenders are as interested in avoiding the foreclosure process as you are, and will work with you to find a solution that can save your home.

Most lenders make a variety of programs available to borrowers who find themselves embroiled in temporary financial difficulties, meant to help avoid foreclosure. Loan modification agreements are quite common, allowing the borrower to spread the outstanding balance out over time, or a simple re-payment agreement may be all that is necessary. Some lenders will offer a financially troubled borrower the option to defer payments or interest for a fixed amount of time, allowing a bit of time to put matters in order. This option will extend the term of the loan, but can be very advantageous in a short term financial crisis.

Much of the recent upswing in foreclosures has been associated with variable rate loans, or ARMs. These types of home loans often offer a low interest rate initially, and then adjust to reflect the prevailing market rate on a predetermined rate adjustment schedule. Interest rates on many of these loans have risen significantly in the current economic climate, leading to much higher monthly payments in many cases.

Borrowers that financed a home purchase with any of the many types of variable rate mortgages on the market today may find refinancing into a fixed rate loan to their advantage, especially if it is done before payments become unaffordable. Refinancing is easier to arrange if it is done before your credit rating is affected by late or missed mortgage payments. A careful review of the original loan agreement to determine exactly what your payment will be after the next adjustment can allow the borrower to anticipate trouble well in advance, giving ample time to plan a solution.

Acting quickly is the key to avoiding foreclosure. While it can be difficult and embarrassing to admit financial problems, avoiding it can only compound your problems. The longer you wait to address the issue with your lender, the fewer options you will have in solving your problem. Calling your lender immediately when circumstances arise that could cause late or missed payments shows good faith. With a clear indication of your commitment to meet your financial obligations, lenders will be quite likely to work harder to find the right solution to help you through your financial difficulty.

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