BATTLECALL GUEST EXPERT: David Livingston, Forclosure Key

Foreclosure is one of the risks involved in engaging in business or owning a property if financing comes from a lender which can be a bank, an institution, family and friends and any agencies that can provide the needed amount. Owning a home is one of the needs that man desires to fulfill but with the present situation of the world, money will always be involved. The same is true for entrepreneurs who want to venture into the business they want. Along the process they can either be a success or a failure, a winner or a loser. Foreclosure happens when the debtor fails to pay his mortgage.

A mortgage is defined as a temporary, conditional pledge of property to the creditor to ensure performance of the obligation to pay for the debt. The mortgage or the security interest in the property gives the creditor the right of foreclosure or the legal right to keep the collateral together with other proceeds to recover the amount invested or loaned. If ever the property is less than the amount owed, a deficiency judgment can happen. Deficiency judgments result from a lawsuit filed by the creditor against the debtor. Foreclosure and deficiency judgment can stain the debtor's credibility which can make it difficult for him to secure a loan in later years.

Financial setbacks which make the debtor unable to pay the amount involved can lead to foreclosure. It may lead to fear, depressions and anxiety but it is one of the bitter and painful truths that the debtor must face as consequence to the risk or action taken. However they might not allow such situations like foreclosure to keep them down. It can be their first reaction but they must still go with the fight. There are many ways to solve the problem and so are the ways and means to handle foreclosure problems. The first thing that the debtor can do to get away with a foreclosure is to borrow money from people around him. It could be his friends, relatives and family. One or more persons can be involved in the loan contract. In case the debtor is involved in such kind of contract, his co-signer could be the first person to help him get through the foreclosure mess. Two heads are better than one so in that case they can make plans to survive foreclosure problems.

Another possible solution to prevent foreclosure is to make a deal with the creditor or the lender. Once the debtor is tangled in financial problems, he must immediately call or make a letter to inform the agency or the lender. You may have second thoughts of informing your lender of your situation but they can be of help to prevent foreclosure of your properties especially if it is the home which has became a part of your life. Financers reap the fruits of the money they lend by collecting the principal and the interest payments and not by foreclosure. They may have necessary adjustments to help you get through the foreclosure. The "Loss Mitigation Department" of the agency you borrowed money from handles such situations. They can adjust the time frame to give you a chance to gain control over the situation and avoid the foreclosure.

There are several means that the lender can do to help you prevent foreclosure. They can have a postal claim, mortgage modification or special forbearance. A partial claim happens when the debtor is not qualified to have mortgage modification or special forbearance. However the property must be occupied by the owner and the debt or income ratio requirements must be followed. Mortgage modification can allow the debtor to extend the time frame of the mortgage loan. The monthly payment can also be reduced. Special forbearance happens when a repayment plan is done considering your financial condition. So, as you can see, there are many options to avoiding foreclosure.