While it is unfortunate when Orange County foreclosures occur, they do not need to end up the disaster they usually are to either the residents in the home or the lending institutions that made the mortgage loan. By implementing some of the legal rules that support alternatives to Orange County foreclosures, residents can make the best of an unfortunate situation that they are facing.
For many people, the problems occurred when they were offered low rates for their homes, which resulted in Orange County foreclosures when they were unable to keep up with the payments over a period of time. These kinds of dangerous rates are ARMS. ARMS start off with a low rate but they reset much higher at the end of the term. For example a 5 year ARM was a common instrument taken out by homeowners, and because interest rates have gone up considerably in the last 5 years, when the ARM resets, the homeowner is no longer able to afford his monthly payments.
Instead of hurting one’s self by allowing the home to go up for auction by the sheriff, there are some other choices to consider.
To stifle the statistics of Orange County foreclosures, some people find it most beneficial to avoid declaring bankruptcy. For most people, this is because this option would hinder their attempts for many years in the future when it would come to getting credit cards, loans, another mortgage and having a regular and typical credit report run. In order to avoid an unsightly and embarrassing auction of the home and the crippling option of declaring bankruptcy, it is distressed homeowners may consider the following two important options when people are facing Orange County foreclosures of their properties.
This is a popular option nowadays. If one of the Orange County foreclosures is not worth as much as the amount of money that is owned on it, the bank might be willing to sell the mortgage loan to an investor at a discount rather than let the home go to foreclosure auction. In this case, the bank wants to do the fastest approach when it comes to getting rid of Orange County foreclosures and wipe “bad debt” (non-performing assets) from their books.
Here’s how it works. The distressed homeowner works with a real estate investor who does short sales. The investor contacts the bank and negotiates a short sale directly with the bank. The short sale will be an offer by the investor for a discount on the loan. For example, if the loan for the home is $200,000 dollars and the home is worth $190,000, the investor may try to get a discount on the defaulted mortgage note to $150,000. If the bank allows it, the investor now has a $150,000 property worth $190,000.
The bank benefits because even though they lost money, going through the foreclosure process is expensive for them and that is avoided. The distressed homeowner benefits because he or she gets to avoid foreclosure and the consequent damage to their credit, not to mention avoiding the horrible experience of having their home auctioned off by the sheriff.
And the investor wins by getting a property at a discount to its fair market value.
Orange County foreclosures
Typically, the investor will then eventually offer the homes to other individuals, who can then spend the time fixing the home up either for themselves or the investor may hold it as a rental.
The last option is to consider if you are facing foreclosure is to work with a real estate investor on doing a lease option for your home. A lease option is often called a rent to own. Despite the fact that the previous owners would be still required to leave the home, the note will be paid off by new tenant-buyers who move into the home.
Here’s how it works in simple terms: distressed homeowner wants to avoid foreclosure. Real estate investor has the homeowner sign a non-exclusive simple option agreement that allows the investor to find a tenant-buyer for the home on a rent to own basis. The investor then locates the buyer and works with him to get financed if need be, or helps with credit repair. The tenant-buyer then moves int the home and takes over the monthly mortgage payments, and has an option to purchase the home at an agreed upon date.
The original distressed homeowner who was facing foreclosure gets to avoid the foreclosure and the damage to their credit that would have transpired.
In Orange County, foreclosures can be avoided by simply looking at some of the other laws that will benefit the individual when it comes to these types of problems.