Fighting Mortgage Repossession May Be A Battle

Posted by Nick Niesen on October 29th, 2010

When somebody goes to buy a new or second house, the last thought on their mind is the possibility of defaulting on the payments. Their goal is to own a house in which to raise their family and have something of value to leave their children. Unfortunately, occasionally something happens that causes them to be unable to make the payments and the lender files with the courts for mortgage repossession.

While the best way to fight a new repossession order is to make payment of any past due payments and stay up to date, this may not always seem possible. Finding a source to refinance the mortgage at affordable rates may enable a person to pay off the original mortgage and maintain possession of their home, but if they are already in financial trouble, odds are another lender is not going to be willing to take the risk.

While there are some lenders that grant loans to those with credit trouble, the interest rates typically charged will place the monthly payments out of reach for a troubled home buyer, only delaying inevitable mortgage repossession. However, if your credit is not up to par, you may have very little choice in the matter.

Many of the courts do offer some recourse for home buyers who have been the victim of predatory loan practices, and if the buyer can prove this to be the case may have some recourse through the courts. There are also some allowances depending on the reason the person defaulted on the loan agreement the courts may consider before granting a company permission to assume control of the property.

Any person being notified of pending mortgage repossession action should not ignore the notice. Communicating with the lender may help to find a solution to the problem. Considering equity built up on the property, the lender may be willing to refinance the loan and use the equity on the property to pay past due payments, bringing everything up to date as well as making a few future payments if the amount is sufficient.

If the value of the home is considerably higher than the balance owed, some lenders may consider buying the home back from the owner, usually at less than market value, but this gives the owner a way out of the foreclosure process and may even allow them to realize a slight process. If the price is right, it may also be an option to sell the property to another party, allowing the lender to recoup their investment and the owner to maintain their dignity. This may be something that occurs to resolve the problem.

Communication and cooperation with any court involved in mortgage repossession actions is also important as a homeowner who fails to answer in a court proceeding or fails to show up for hearings, will most likely be found in default and lose any opportunity they may have had to appeal a repossession proceeding. In addition, they may not be able to purchase another home in the future.