Introduction
Acquiring your first home, or a larger one to meet growing family needs, usually
focuses all of your attention on accumulating the down payment and qualifying
for the financing on the property you have selected. There is a sense of relief
when the loan is finally closed and you have settled in the house. It will not
take long, however, before you will have to face the financial responsibilities
that home ownership imposes.
If you are a first-time home buyer, many
of the problems that you simply turned over to the landlord (or your parents)
are now yours to fix and pay for. If you have moved from a small house into a
larger one, you may find the expenses of maintaining the property have grown
along with its size. In either case, careful planning and budgeting are
essential in order to guard against financial problems in the future.
Your home is a major
investment and you have a great deal to lose if you default on your mortgage
payments or fail to maintain the property. Planning for unexpected situations as
well as the routine costs of owning a home can help you avoid foreclosure o r
bankruptcy when emergencies arise.
Be Prepared For Homeownership
The expenses of owning a home go beyond the
monthly mortgage and utility payments, and can create financial difficulties,
particularly for first-time home buyers who have minimal cash reserves.
Mechanical failures in the plumbing, electrical and heating systems seem to
occur at the worst possible times, but have to be repaired. If you have
purchased an older home, complete replacement of water heaters, furnaces or
kitchen appliances may be needed. You should have drawn up a budget before
beginning your search for a home, making allowances for such expenditures. If
you did not, it is time that you begin to accumulate adequate reserves to deal
with such emergencies.
In a newer property, your
immediate expenses may be confined to landscaping, interior decoration and
furnishings. Under normal conditions, mechanical items and appliances will be
under warranty for six months to a year and will not require major expenditures,
but may need minor repairs.
In an older property,
replacement of major items can be very expensive. You should have determined the
age of the furnace, hot water heater, air conditioning system, kitchen
appliances and the roof. Your home inspector's report probably noted the ages o
f these major items. If they are older then half their expected useful life, you
will need to plan for the costs of the replacement.
Set up a budget and plan for
both regular maintenance and major repairs. Establish an emergency fund for
repairs and appliance replacement. Know what sources of financing are open to
you when a major item such as the roof or heating system has to be rep laced.
These are things that can cost thousands of dollars and you may have to finance
them through a home equity loan, a second mortgage or an installment loan.
Determine which kind of loan you are likely to qualify for, the pros and cons of
the alternatives and have a plan for dealing with a major expense.
Your budget should also
include a reserve for making your mortgage payments in the event of illness or
loss of income in the future.
Planning For The Unexpected
While over-obligating yourself or unexpected
repair bills may jeopardize your ability to keep up your house payments, the
primary causes of foreclosure and bankruptcy are unanticipated personal crisis.
More homeowners lose their homes because of illness, loss of employment or
marital problems than all other reasons combined.
None of us factor these
things into our plans for the future, but you should know about some of your
alternatives if you find yourself in such a position. It is much easier to look
at alternatives and plan an effective course of action before you are in t
rouble and in a state of anxiety and stress.
Sometimes you can see the
trouble coming before financial problems begin. An advance notice of a layoff
means the family income will be severely cut back or eliminated in the near
future. A major medical operation or property repair bill may be more than you
can afford to repay, even with a short term loan. You have to address the
situation as soon as possible or risk losing your home.
There can be a number of
local sources that can help you get over the hump. Churches and civic groups may
have assistance programs or may know what is available. Non-profit
organizations, particularly housing assistance groups or counseling agencies, ma
y manage special assistance programs. State and local housing agencies are also
places to inquire to help.
If Your Mortgage Becomes Delinquent
The day of the month on which your mortgage
payment is due, usually the first day of the month, is set out in the mortgage
note. Your payment is considered late of the lender receives it after the due
date, and the lender usually will charge a late payment fee when the money is
not received within 15 days of the due date (the timing and amount of late
charges may vary from lender to lender). Payments made, including any late
charges assessed, before the next payment due date will be accepted by the
lender, but if you owe two or more mortgage payments, your home is in serious
jeopardy. Unless specific arrangements are made with your lender, you must remit
all payments and late charges before the money will be accepted and the loan
considered current.
When three or more mortgage
loan payments are due and unpaid, the loan may be given to the lender's attorney
and foreclosure proceedings initiated. The entire balance of the loan may be due
and payable immediately. In addition to the loan payments due, you are liable
for legal fees incurred by the lender. At this point, you are in serious danger
of losing your home.
What To Do When You Default On Your Mortgage
No lender wants to foreclose on a mortgage.
Foreclosure costs them more money than they can make back from the foreclosure
sale. Therefore, lenders do not foreclose in order to make money, but only
reluctantly as a way of limiting losses on a defaulted loan. This is why, if you
get behind on your mortgage payments, your lender will work with you to devise a
practical plan to cure the default and bring the loan current. In order to do
so, however, you must stay in communication with your lender and be honest in
evaluating your financial situation.
The willingness of the lender
to work with you to get past your current problems will depend heavily on your
past payment record. If it shows consistently timely payments and no serious
defaults, you will find the lender much more receptive than if you have a record
of unexplained chronic late payments.
If you are falling behind in
your payments, or know that you are likely to in the immediate future, there are
some steps that you should take before talking with the lender about alternative
payment arrangements.
First, you need to prepare a
monthly list of your income and expenses, using realistic figures based on your
current financial situation. You will also need to put together a complete
financial disclosure package, showing your assets and liabilities, including all
debts and monthly payments and when they are due. Pay stubs, unemployment check
stubs or other proof of current income should be in the package, along with two
years' tax returns. Get an estimate of the value of your property. You can
usually get a local real estate broker to give you an idea of the current market
value, free of charge. Finally, prepare a written explanation of your situation
for the lender and offer any plan or suggestion you may have on how you can
bring the loan current.
Mortgage Loan Workout Plans
A loan workout plan is an agreement
between you and your lender that sets out the steps to be taken to cure the
delinquency and prevent loss of your home. It may be written or oral and will
have specific deadlines which you must meet in order to avoid foreclosure.
Therefore, it must be based on very realistic estimates of your ability to meet
the plan schedule.
The nature of the workout
plan will depend upon the seriousness of the default, whether your financial
problems are short-term or your payment ability has been impaired for the
foreseeable future, your prospects for obtaining funds to cure the default and
the current value of your property.
If the
default is caused by a very temporary condition and is likely to be cured within
30 to 60 days, the lender may consider granting you
temporary indulgence.
Some examples of cases where this approach would be considered are where the
house ha s been sold but the sale has not settled or where an insurance
settlement is pending. It is usually possible to determine a date certain for
curing the default. The lender will want documented evidence, such as the sale
contract, before granting indulgence.
If you
have suffered a temporary loss of income but can demonstrate that it has
returned to previous levels, you may structure a
repayment plan to bring
the loan current. This type of workout arrangement requires your normal mortgage
payments be made as scheduled, plus an additional amount that will cure the
delinquency in no more than 12 to 24 months. In some cases the additional amount
may be a lump sum due at a specific date in the future. Repayment plans are
probably the most frequently used type of workout agreement.
In
some circumstances, it may be impossible for you to make any payments at all for
some period of time. If you have had a good record with the lender, a
"forbearance plan" will allow you to suspend payments or make reduced payments
for a specified length of time. The forbearance plan will be in writing, have a
definite term and spell out the method of ending the delinquency. In most cases
the length of the plan will not exceed 18 months and will stipulate commencement
of foreclosure action if you default on the agreement.
Any
workout agreement is a last-ditch effort by you and your lender to avoid
foreclosure and keep you in your home. It is not a substitute for good budgeting
and financial planning on your part and will probably not be available if your
payment record has not been consistently good up to the present time. Lenders
will work closely with good borrowers who are having a period of real emergency
and hardship, but are not inclined to cooperate with those who demonstrate
little financial discipline.