When terror strikes at home

It’s all over the news, of course. Every day more and more folks are affected by it, and when that happens even folks who may not be threatened by it begin to be fearful, wondering if it could happen to them and how they can fight back if it does.

I’m talking about the sorry state of the economy, and specifically about what is happening to home mortgages all around the country.

While the good news is that here in Texas things are a bit more stable, that doesn’t mean that foreclosures aren’t happening, and right in our own Ellis county communities.

It occurred to me that there may be people living in a high state of anxiety who can use some information that might turn out to be useful, and I want to share it.

Now, I’m not a lawyer and I don’t play one on TV, and I’m not a mortgage lender, ditto, but as a real estate broker I can offer some anecdotal evidence, gained through fairly recent experience, that there are things a homeowner can do to make it a little easier to get through these hard times and maybe even protect from foreclosure if it comes to that.

Beginning with the best-case scenario, let’s talk about the fact that mortgage interest rates are really low right now.

If everything is just fine with your credit record and your income, there is this thing called re-financing. If you can lower your mortgage interest rate by 2% or so, it may be well worth your effort to re-finance to a lower fixed rate; this could save you a few hundred dollars a month right there. Depending, of course, on the amount you still owe on your home.

Re-financing has costs — these vary wildly with the lender, but generally include some fees to the lender, the cost of an appraisal, etc. But since most of those costs are just rolled into the new mortgage you won’t feel a thing — after all, if you add a couple thousand dollars to your 30-year loan, that’s really small change over 30 years.

And consider changing a 15-year note to 30 years – if you are just dying to pay off your loan sooner than that, well, you can always pay extra along the way, but your monthly obligation will be less when spread over 30 years. That’s a little more protection against what may be ahead during these hard times.

Talk to the lender of your choice and get a good faith estimate to learn exactly how much you can benefit, then decide your best course of action.

A scarier scenario: You’ve been working hard, playing by the rules, and suddenly hit a bump in the road — been laid off, suffered a costly medical or other family emergency, for example — and just can’t make the mortgage one month but see your way clear to recovery. If that happens to you, then don’t just panic, take action. Contact your lender and see if you can defer that month’s payment, for example. Most lenders will try to work something out, if not from kindness of heart but because they really, really don’t want to foreclose.

Foreclosure is very costly to lenders. They have to hire lawyers and appraisers and pay staff to do paperwork, then try to find a buyer for the property and maintain it in the meantime; they know that in the long run they will lose money, one way or the other. That’s why your lender is as anxious to keep you in your home as you are.

In the third-case scenario — when the job is gone forever and there’s no way of continuing your monthly mortgage payment but still have some income, you should explore with your lender the possibility of a work-out to lengthen the term of your loan and reduce your monthly payment. The Obama administration’s finance team is working on finding a way to require lenders to engage on this idea. But until that’s set up, you are well advised to try to make it happen on your own. You may have to hire a lawyer, but the cost of legal help may be worth it.

My point is, don’t give up until you’ve tried everything.

Finally, when it’s clear you will not be able to keep your home, there is one more thing you can do. It’s called a “short sale,” or selling the house for less than you need to pay off the mortgage.

Why should you care? After all, if you are going to lose your home, why not just let the bank have it?

The reason is that a foreclosure on your credit record is worse, believe it or not, than a bankruptcy.

Sure, declaring bankruptcy would stop the foreclosure, but unless you can make the payments when all is said and done, what have you gained?

A “short sale,” where the lender agrees to accept less than is owed and — this is important — then call it paid in full, is a last resort, but a resort worth trying.

If you’ve done all you can (see above) and it’s clear you are going to have to give up your home, for heaven’s sake start the process as soon as possible.

Hire yourself a real estate agent who knows about short sale marketing, who will aggressively market your home and will go all-out to get a contract in place within the limited time available. You should determine even before you get a foreclosure notice that this will be your course of action, to give yourself as much time as possible.

Three years ago I wouldn’t have known all this stuff, but the sorry news is that this is where we are at the moment and I've racked up personal experience. Too many of our friends are finding themselves overwhelmed by today’s economy.

People facing any of the circumstances I’ve described are likely to become depressed and angry, and justifiably so. But you need all the energy you can muster to be proactive, for you might just find a way forward.

If you or a friend is going through this terror, remember that you are not alone. And though it’s little consolation when you’re hurting, realize that lots of other folks are in the same boat. For what it’s worth, I believe that better days are ahead.

Years ago a friend told me, “The man who falls down gets up faster than the man who lies down.”

So, if any of this resonates with you, don’t take it lying down — DO something!