Are you facing a foreclosure? Behind on your mortgage and don’t know what to do?

Are you in Pre-Foreclosure or falling behind on your Mortgage?

Are you falling behind on your mortgage?  Or you are afraid that you soon will?  Please, Please, Please, do not put your head in the sand and forget about it.  This is a serious problem that will not go away on its own.  In order to understand your options, it is important for you to have a good understanding of the foreclosure process, as well as your rights and obligations.

To start, let’s talk about Mortgages and Deeds of Trust.  Mortgages and deeds of trust are the instruments used to secure your lender’s interest in your home.  Some states use mortgages while others use deeds of trust.  Why is this important to know?  Because a mortgage requires a judicial foreclosure and deeds of trust utilizes a non-judicial foreclosure, in order for the lender to reclaim your home upon default.  In Virginia we are a Deed of Trust state.

Nonjudicial tend to be much quicker than judicial.

What is a Mortgage?

Depending on where you live, you likely either signed a mortgage or a deed of trust when you took out a loan to purchase your home. With a mortgage, the two parties that enter into the contract are:

• the mortgagor (the borrower) and
• the mortgagee (the lender).

What is a Deed Of Trust?

A deed of trust, like a mortgage, pledges real property to secure a loan. This document is used instead of a mortgage in some states. While a mortgage involves two parties, a deed of trust involves three:

• the trustor (the borrower)
• the lender (sometimes called a “beneficiary”), and
• the trustee.

The trustee is an independent third party that holds “bare” or “legal” title to the property. The trustee’s primary function is to sell the property at a public auction if the trustor defaults on payments.

The Virginia Mortgage Relief Program provides financial assistance to prevent mortgage delinquencies, defaults, and foreclosures for homeowners experiencing financial hardships due to the pandemic. Eligible homeowners in Virginia can apply for some of the $258 million the state received as part of the American Rescue Plan Act to pay overdue mortgage payments, homeowners’ insurance, flood insurance, mortgage insurance, homeowners’ association fees, and property taxes.

Timeline for a Nonjudicial Foreclosure

Nonjudicial foreclosures happen outside the court system, which means the lender doesn’t have to go to state court to foreclose on your mortgage. Not all states allow a nonjudicial foreclosure process like Virginia does. To find out if you live in a state that permits nonjudicial foreclosures, see our Key Aspects of State Foreclosure Law: 50-State Chart.

If you’re facing a nonjudicial foreclosure, it’s important to understand the basic process and timeline. While foreclosure procedures vary by state, here’s how the nonjudicial process generally goes.

In most cases, under federal law, a foreclosure can’t start until you’re more than 120 days delinquent on the loan. Though, under certain circumstances, the process might start sooner.

Foreclosure Notice

Depending on state law, you might receive:

• a notice of default followed by a notice of sale
• a combined notice of default and sale
• a notice of sale, or
• notice by publication in a newspaper and posting on the property or in a public place.

For the specific procedure in your state, check out the link to your state in our Summary of State.Foreclosure Laws.

Foreclosure Sale

The foreclosure sale will take place at the designated time and date, and the property will be sold to the highest bidder. The foreclosing lender can credit bid up to the total amount of the debt, plus fees and costs, while any other parties must bid in cash or a cash equivalent, like a cashier’s check. In the majority of cases, the lender will be the highest bidder at the foreclosure sale.

Eviction

Once the property is sold at a foreclosure sale, the property’s ownership is transferred to the new owner. If you haven’t already vacated the home, an eviction will start to remove you from the property.

What Is the Foreclosure Process in Virginia?

The foreclosing lender must serve you a notice of sale, usually by mail, no less than 60 days (previously, state law required only 14 days) before the sale if the home is owner-occupied and must include information about legal aid and how to contact a HUD-approved housing counselor. (Va. Code Ann. § 55.1-321).

Notice must also be published in a local newspaper of general circulation as provided in the mortgage loan agreement, but not less than once per week for two weeks, or three days if published on consecutive days. If the loan agreement doesn’t provide publishing requirements, the notice must be published once per week for four weeks or on five consecutive days. (Va. Code Ann. § 55.1-322). The sale may be held eight days after the first publication and no more than 30 days after the last publication. (Va. Code Ann. § 55.1-322).

What does this mean for you?

If you have fallen behind on your mortgage payments, but have not yet received a Pre-Foreclosure Breach Letter, put the computer down now and call your lender!  Believe it or not, your lender does not want to take your home. They are in the business of lending money, not managing properties.

If you have already received a Breach Letter or Notice of Foreclosure Sale, time is of the essence. Selling your home may be your best option, as it will prevent you from suffering a foreclosure which stays on your credit report for many years, but you do not have much time.  The foreclosure process can be very fast, and you need to act swiftly. 

Call Academy Home Buyers today, and we can work together to determine a good course of action for you.  Since we are also licensed sales agents in the Commonwealth of Virginia, we have even more tools to help you avoid foreclosure.

(757) 755-5587

Source: www.nolo.com

Our team will do our best to bring you an offer that works! Jut fill in the form below to get your offer started. Remember, it’s 100% FREE and there is never any obligation to accept.

We can buy your house no matter your reason for selling!

When you contact us and submit the short property information form (below), we’ll give you a fair all-cash offer on your house within 24 hours… and the best part is: we can close whenever YOU choose to close – it’s entirely up to you. It doesn’t matter what condition the house is in, or even if there are tenants in there that you can’t get rid of… don’t worry about it. We’ll take care of it for you. And if you need the cash quickly, we can close in as little as 7 days because we buy houses with cash and don’t have to rely on traditional bank financing. (Go here to learn about our process →)

Or Give Us A Call Now At: (757) 755-5587

We buy houses in Hampton Roads, Virginia  and all surrounding areas in Virginia. If you need to sell your house fast in Virginia, connect with us… we’d love to make you a fair no-obligation no-hassle offer. Take it or leave it. You’ve got nothing to lose 🙂