Here are some tips from the book Foreclosure Myths:
Lenders may want you to assume the loan.
Lenders don't want to foreclose. They want to make loans, collect fees and collect payments. They don't want to incur the time and expense necessary to foreclose and then sell the property. Lenders lose money on foreclosures.
Assuming a loan simply means that you take over the owner's mortgage. You then become officially responsible for repaying the loan. You buy the home by taking over the mortgage.
Why would you assume a loan? Because you might get a lower interest rate than is currently available, have an easier time qualifying for the loan. You will definitely pay lower closing costs.
It used to be that nearly all mortgages were assumable.
Just because you can assume the owner's mortgage, that doesn't necessarily mean you would want to. If the home has several other liens against it and you assume the first mortgage, you may take on the responsibility of paying off those other loans too. In such a case, you would probably be better off buying the property at the foreclosure auction, so the foreclosure would wipe out any junior liens.
From The New York Times:
TREASURY secretary Henry Paulson’s decision to not have the US government purchase troubled mortgage-related securities puts more pressure on housing lenders and investors to work out problem loans on their own.
Paulson’s support of a Federal Deposit Insurance Corporation (FDIC) pilot programme to systematically help troubled borrowers focuses more attention on FDIC chairperson Sheila Bair, who emerged as a leading figure to help resolve the housing crisis.
The outgoing Treasury secretary indicated that tax dollars should not be used to recast loans of borrowers facing foreclosure.
This was because the government would not be able to recoup its money, as is intended under the 700billion bailout passed last month.
Instead, with the government pumping capital directly into banks and other lenders, Paulson indicated those companies now have a responsibility to prevent foreclosures among their customers.
Following his point, government financial regulators on Wednesday stepped up pressure on lenders and other mortgage holders to adopt systematic and proactive programmes to modify problem loans.
“The agencies expect banking organisations to work with existing borrowers to avoid preventable foreclosures, which can be costly to both the organisations and to the communities they serve,” the regulators said.
ANOTHER REPORT:
Following the election of Democratic Senator Barack Obama as president and the Democrats' increase of their majority in Congress, Paulson might be fighting a losing battle, said Brian Gardner, vice president at investment firm Keefe Bruyette & Woods.
"It might not happen on his watch, but I think we are going to see a broad loan modification program by the next administration," he said.
POLICY TIFT
Since she first floated the idea of a government guarantee for failing loans in late October, Bair has been lobbying the George W. Bush administration to allocate some TARP money to bankroll such a program.
So far, Treasury has committed $250 billion to buy stakes in large banks so they can expand lending and return financial markets to good health. Paulson said he was reluctant to dole out aid to borrowers because that would make less cash available to aid finance companies.
"The top priority has to be stability, making sure we have resources in reserve to deal with any systemic events," Paulson said.
In recent weeks, companies like Citigroup Inc, Bank of America Corp, and JPMorgan Chase & Co have said they will ease some loan terms. On Monday, the federal overseer of Fannie Mae and Freddie Mac said the companies' struggling borrowers can apply to have their mortgage payments lowered to 38 percent of their income.
Paulson credited finance companies for those efforts but critics said they are part of a piecemeal approach to the housing crisis that has so far failed to reverse the trend toward increasing delinquencies.
FROM THE NEW YORK TIMES:
Nearly three weeks ago, Sheila Bair, the chairwoman of the Federal Deposit Insurance Corporation, told Congress that the agency was working closely with Mr. Paulson’s department to develop a robust anti-foreclosure plan. Since then, the Treasury Department has balked and equivocated while the White House has argued that it is already doing plenty to help homeowners.
After a year of doing far too little to stem a flood of foreclosures, the problem is getting worse. Defaults lead to foreclosures that push down all house prices. Those falling prices — combined with rising unemployment, falling incomes and another expected surge in monthly payments on adjustable rate loans — will surely lead to more defaults and deeper price declines, threatening bank solvency and prolonging the credit crunch.
Clearly, the system won’t stabilize until house prices stabilize, and banks won’t lend freely until losses on defaulting mortgages abate.
The crisis may never have spun so far out of control if the government had initiated a rigorous effort last year to prevent mass defaults. Instead it kowtowed to the mortgage industry, backing voluntary, loan-by-loan renegotiations that have failed to solve the problem.
If the administration’s $700 billion bailout has any hope of working, it will have to address the foreclosure problem — now, not later.
The F.D.I.C. has developed a sensible plan that is being used, with promising early results, to rework defaulting mortgages at IndyMac, the failed Southern California bank. Under the plan, the banks restructure troubled mortgages — lowering the interest rate, extending the loan term or deferring payment on a portion of principal — so that they’re affordable. The goal is to reduce the monthly payment to about a third to two-fifths of a borrower’s after-tax income.