While the housing market is in fluctuation, many people in Michigan are still struggling to make their mortgage payments. If you’re underwater on your home, or having trouble keeping up with your monthly mortgage payments, you could be fearful that your mortgage provider is going to foreclose. Thankfully, there are a number of things that you can do to stop foreclosure in Michigan. It’s important to remember that moving quickly is absolutely paramount and could save your credit rating and your home. This guide will discuss the foreclosure process in Michigan, how to stop foreclosure in Michigan and much more.
More About the Foreclosure Process in Michigan
The foreclosure process in Michigan is a legal process that allows a lender to recover the balance of a loan from a borrower who has defaulted on their mortgage payments. If you are facing foreclosure in Michigan, it is important to understand the process and your options for avoiding or delaying the foreclosure.
Here is a Step-by-Step Guide to the Foreclosure Process in Michigan:
- Default on mortgage payments: The foreclosure process begins when a borrower defaults on their mortgage payments. This can happen if the borrower misses one or more payments, or if they are unable to pay the full amount due.
- Notice of default: If a borrower defaults on their mortgage, the lender may send a foreclosure notice of default, which is a letter informing the borrower that they are in default and that the lender may begin the foreclosure process. This is sometimes referred to as pre-foreclosure.
- Demand for payment: The lender may also send a demand for payment, which is a request for the borrower to pay the overdue amount within a certain period of time. If the borrower is unable to pay the overdue amount, the lender may proceed with the foreclosure process.
- Foreclosure lawsuit: If the borrower does not pay the overdue amount or reach an agreement with the lender to avoid foreclosure, the lender may file a foreclosure lawsuit. This lawsuit will be filed in the circuit court in the county where the property is located.
- Order of foreclosure: If the lender wins the foreclosure lawsuit, the court will issue an order of foreclosure and the owner will required to give the house back to the bank. This order allows the lender to sell the property in order to recover the balance of the loan.
- Sale of the property: The lender will then sell the property at a public auction. If the property sells for more than the amount of the loan, the borrower may receive the excess amount. If the property sells for less than the amount of the loan, the borrower may still be responsible for the remaining balance.
It is important to note that there are options available to borrowers who are facing foreclosure in Michigan. These options include loan modification, which involves negotiating with the lender to change the terms of the loan; short sale, which involves selling the property for less than the amount owed on the mortgage; and bankruptcy, which can provide temporary relief from foreclosure. If you have equity in your house, you can also sell your house to pay off the mortgage. You’ll obviously not be able to live in the house, but you will avoid the hit to your credit.
If you are facing foreclosure in Michigan, it is important to seek the advice of a qualified attorney or housing counselor. They can help you understand your options and guide you through the foreclosure process.
Can You Stop Stop Foreclosure in Michigan?
Many people simply give up and walk away from their home. This can be stressful situation, but it’s extremely important to keep your wits about you. A foreclosure will have a huge negative impact on your credit score, and likely prevent you from purchasing a home for years to come. If you sell your home, you could leave a portion of the loan unpaid, and the lender could still pursue legal action against your for the unpaid portion.
As I touched on earlier, it’s just important to remember that you do have options:
- Negotiate with your mortgage lender: Banks and other financial institutions are well aware that the mortgagee may be struggling. If you haven’t missed a payment yet, you may have some leverage to renegotiate the terms of your loan. Banks don’t like foreclosing on homes, and many will work with you if you aren’t too far behind. You may be offered forbearance, or even a full loan modification.
- Seek help from the government: Over the last several years, the federal government has implemented a number of programs to help struggling homeowners. The Home Affordable Modification Program (HAMP) allows struggling homeowners to modify their loans, reducing monthly payments. The Home Affordable Refinance Program allows homeowners who are current on their mortgage payments refinance an adjustable rate mortgage into a low-interest, fixed rate loan. Both of these programs are subject to eligibility requirements.
- Selling your property: You are always able to sell your house to avoid foreclosure. This big question is whether or not the value of your house exceeds your loan balance. If not, you would need to go through the process of a short sale. If the value of your home is worth more than your mortgage balance, you can simply sell your house to pay off the loan. If you need help selling your house, you can contact us.
Wrapping Up – Stopping the Foreclosure Process in Michigan
If you’re going through the foreclosure process, you have options. Stopping a foreclosure is not easy but it’s definitely worth the effort. Always remember that you can talk to your lender, you can seek our government aid or just sell your house. If you need help, consult an attorney or your local municipality to learn exactly what you need to do next.