#partial claim

Most homeowners face sudden extenuating circumstances that force them to stop making timely mortgage payments. Here are a few of those reasons:

Job loss / unexpected unemployment

Sudden illness or medical emergency

Death in the family

Divorce / loss of second income

Excessive debt obligations

Job demotion or promotion denials

Inability to pay an adjustable interest rate that increases

Unexpected major home maintenance expense

The best way to avoid foreclosure is to prevent the filing of a Notice of Default. Lenders do not want to foreclose but will file a Notice of Default to protect their interests, if necessary. If you know you are unlikely to meet your mortgage obligation, the first thing you should do is call your lender.

Don't put it off, be embarrassed or ignore letters from your lender because those responses will make the situation worse, not better. Depending on your particular situation and hardship circumstances, here are some options your lender might propose to you.

It’s time to make up your payments, before they take legal action against you and let you work out a repayment plan that is affordable for you.This is called forbearance.

Forgive a payment. If you can agree on a way that you will be current after missing a payment or two (without the means to pay it back), the lender might give you a break and waive your obligation. This is called debt forgivenesshoweverthis is something that rarely happens.

Spread out the missed payments over a longer term. For example, if your payment is, say, $1,200 a month, the lender might let you add $100 a month to each payment for a year until you are caught up. This is called a repayment plan.

Change the terms of your loan. If your mortgage is an adjustable loan, the lender might freeze the interest rate before it increases or change the interest rate to a more manageable rate for you. A lender might also extend the amortization period. This is called a loan modification.

Add the back payments to your loan balance. If you have sufficient equity and meet the lender's lending guidelines, the lender might increase your loan balance to include the back payments and re-amortize the loan. This is called a refinance.

Make a separate loan to you. Certain government loans contain provisions that let borrowers who meet specific criteria apply for another loan, which will pay back the missed payments. This is called a partial claim.

If you are facing the unfortunate prospect of foreclosure then don't despair. Whether you are looking to save your house or sell it, there are options available for you to stop the foreclosure process.