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Payment Problems


Definition of "Payment Problems"

Suzy Orchanian
  Coldwell Banker Residential Brokerage

When a borrower has difficulty making the scheduled payment. Position of the
Lender: A good place to start is by understanding the position of the lender. A game plan for
survival should be based on a realistic view of what the lender is likely to be willing to do.
Temporary Problem: When a borrower is unable to pay but the problem is temporary, the lender has an
interest in finding a way to help the borrower ride it out. A tool for this purpose is a forbearance
agreement combined with a special repayment plan. A forbearance agreement means that the lender
suspends and/or reduces payments for a period, usually less than six months, although it can go
longer. At the end of the period, the repayment plan kicks in. The borrower agrees to make the
regular payment plus an additional agreed-upon amount that will cover all the payments that were not
made during the forbearance period. The repayment period is usually no longer than a year. When
successful, the borrower is brought current after a lapse and the lender suffers no loss. However, a
lender will consider this approach only if convinced that the borrower's problem is temporary. The
burden of proof is on the borrower. Permanent Problem: If the borrower's problem is permanent, the
lender's objective is to minimize loss. The ultimate remedy is foreclosure, where the lender goes
through a lengthy legal process to acquire possession of the house. The lender then sells the house
to recover the loan balance, unpaid interest, and expenses provided there is sufficient equity in the
property to cover it all. Lenders often do not come out whole on a foreclosure, and they do not like
forcing people out of their homes. They look for alternatives to foreclosure that will cost them
less, but they don't want to be scammed by borrowers in the process. If a borrower's income has been
reduced to the point where he or she can't pay the current mortgage but could pay a smaller amount,
the lender might consider a loan modification. This could be a lower interest rate, a longer term, a
different loan type, or any combination of these. It could also include adding past unpaid interest
to the loan balance. A lender is likely to be most receptive to a loan modification where the
borrower has little equity in the house, but wants to keep living there. With no equity, foreclosure
would be costly. But the lender must be convinced that the borrower's inability to pay is completely
involuntary. If the borrower's inability to pay is long-term and the borrower is resigned to giving
up the house, the lender will consider several alternatives to foreclosure. If the borrower has a
qualified purchaser who will take title in exchange for assuming the mortgage, the lender may allow
it. This is called a Workout Assumption. Alternatively, the lender might allow the borrower to put
the house on the market and accept the sale proceeds as full repayment, even though it is less than
the loan balance. This is called a Short Sale. If the borrower is unable to sell the house, the
lender might accept title to the house in exchange for discharge of the debt. This is called a Deed
in Lieu of Foreclosure. Knowing what a lender can do is useful, but it does not tell you what a
particular lender will do in any specific situation. Lenders differ in how they respond to payment
problems. It may depend on whether they own the loan or merely service it. It may depend on who
answers the phone. It will certainly depend on the borrower's behavior. Document Your Loss of Income.
This will position you to demonstrate to the lender that your inability to pay is involuntary, should
this be necessary later on. Estimate Your Equity in the House. Your equity is what you could sell it
for net of sales commissions, less the balance of your mortgage. This will help you develop a
strategy for dealing with the lender. Determine Whether Your Financial Reversal Is Temporary or
Permanent. A temporary reversal is one where, if you are provided payment relief for up to six
months, you will be able to resume regular payments at the end of the period and repay all the
payments you missed within the following 12 months. You must document the case for the reversal being
temporary. If you cannot make a persuasive case that the change in your financial condition is
temporary, the lender will assume it is permanent. Your game plan should take account of whether or
not you have substantial equity in the house, and on whether the change in your financial status is
temporary or permanent. Best Strategy When You Have Little or No Equity: If you have little or no
equity, your bargaining position is actually stronger because foreclosure is a sure loser for the
lender. If your financial reversal is temporary and you want to remain in your house, it will be
easier to persuade the lender to offer payment relief. If your financial reversal is permanent, but
not major, the lender may be favorably disposed to a contract modification that will permanently
reduce the payments. If your financial reversal is permanent and major, the lender probably will be
willing to accept either a short sale or a deed in lieu of foreclosure. In both cases your debt
obligation usually is fully discharged. They do appear on your credit report, but are not as bad a
mark as a foreclosure. The lender will turn a wary eye on borrowers with negative equity who have the
means to continue making payments but would like to rid themselves of their negative equity through
short sale or deed in lieu. While these options are less costly to the lender than foreclosure,
lenders view borrowers as responsible for their debts, regardless of the depletion of their equity.
How they respond depends on how convinced they are that the borrower's problems are truly involuntary
and on the likelihood of success in collecting more if they go after the borrower for the
deficiency.



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