If I am underwater and in a distressed situation but I want to stay in my home, what are my options?

If you can budget and find a way to stay in your home you'll avoid headache, stress, and credit ramifications.
The first thing you should determine is if you can stay in your home and continue to afford living there. Also consider how much you make per month and how much you have in savings. The bank will ask to see everything related to expenses and income. If the bank determines that you can continue to afford your payments they will most likely reject any request for a short sale and other foreclosure solution options. If you can continue living where you are your home will eventually gain value again and you will continue to work towards gaining equity in your home.
If you are already behind on your payments you may have received a letter from your lender stating that you are in default and that the total amount of your mortgage is due along with any late fees. However, being in default and foreclosure are not the same thing. While you are in default you still have options to delay the foreclosure and eventually resolve it without going to foreclosure.
Reinstatement
One solution is reinstatement. This is a very costly solution as it requires you to pay all of your late fees and the total amount of the mortgage owed up to date. This basically gets you back into the same position as you were before you stopped making payments (or full payments). This is a viable solution if you are no longer in a distressed situation, but for most homeowners this is not a possible solution.
Forbearance
The next solution is called forbearance also known as a repayment plan. You work with your lender to increase your mortgage payments to cover back payments owed. It’s similar to reinstatement in that you’re paying what you owe up to date but you get to pay it over time. However, lenders qualify you for forbearance – basically it’s up to the bank whether you can go on a repayment plan. Of course, because it increases your mortgage payment this is also only a viable solution if you’re no longer in a distressed situation.

Avoid working with or hiring companies or individuals who ask you to pay an upfront fee to perform a short sale or assist with a loan modification. Real estate agents get paid out of the proceeds of the short sale. In most states, requiring fees to perform these kind of consultation services is illegal. Learn more about short sale or loan modification scams at www.loanscamalert.org.
Mortgage or Loan Modification
Mortgage or loan modification is a possible solution. When a loan is modified it usually reduces some part of the loan (interest rate, principal balance, term, or a combination) to lower the monthly payment resulting in a more affordable mortgage. While this may sound like an attractive solution, you should be aware that most loan modifications are not approved even with the government regulation and assistance from programs like HAMP (Home Affordable Mortgage Program). HAMP was intended to lower mortgage payments for 7-8 million homeowners but only around 500,000 homeowners actually got a loan modification (as of March 2011 – according to the national taxpayers union).
In addition, people looking for loan modifications have been targets for scammers. We’ll cover short sale and loan modification scams further in the article series but in the meantime visit www.LoanScamAlert.org to learn how you can protect yourself.
Finally, since loan modifications are at the lender’s discretion (meaning the lender has to approve it) you may not qualify for it. Be very careful about going on a “trial basis” for your loan modification. Some lenders will let you try the loan modification for a few months. While you are TRYING it you are actually making payments BELOW your actual mortgage – remember the loan modification is NOT PERMANENT while you are on the trial period.
If the loan modification is denied, then not only do you owe the difference of the payments during each of the payments made during the trial period, but your credit could also be damaged because it is seen as your payments were late, missed, or insufficient. This is especially important for individuals whose credit has not yet been damaged or who aren’t behind on their payments yet. If you decide to go on a trial basis loan modification make sure you get from the lender a signed document stating that if the modification does not go through they will not report it to the credit bureaus as late or missed payments. If they say yes and provide signed documentation then your credit should be safe. If they say no, then you have a pretty good idea of what you can expect from the loan modification trial period.
Refinance
Refinancing is a popular solution as it allows you to completely change your mortgage. Technically speaking, refinancing replaces your debt obligation with a new one with different terms. Refinance can be a very viable solution if you have multiple loans out on your house – such as a home mortgage and a home equity loan. By consolidating the loans, you end up with one payment, which is hopefully less than the sum of the two individual payments.
Since refinancing is just like getting a loan you are required to qualify for it, which means you need a decent credit score and your home has to appraise – which may not be possible if your home is underwater. Be sure to ask the lender for what value your home has to appraise in order to qualify for a refinance. Once you have that figure you can ask a real estate agent to provide a free CMA (comparative market anaylsis) for your home or a list of all properties listed and sold in the past 3-6 months in your neighborhood. That way you have a pretty good idea if you will qualify for the refinance before paying for the appraisal. Refinancing may require non-refundable fees and charges upfront to begin the process making this solution expensive – especially if you are already in a distressed situation. If you don’t have sufficient equity in your home, your home is underwater, or if you’ve refinanced recently then refinancing may not be a viable solution.
What are other foreclosure alternatives?
If staying in your home is not an option for any reason there are other solutions to foreclosure.

Renting can be a good alternative to foreclosure especially if you want to keep the house. Be sure you understand all the risks involved with renting before you decide to rent your house.
Renting
Renting the property is a very popular solution. If you are able to rent the property for at least the mortgage payment then you can keep the property indefinitely – or for as long as the renters live there. It’s a great way to keep the home for future use.
However, there are many issues associated with renting:
First, where will you live? Can you live somewhere rent-free? Can you rent somewhere that was less than your mortgage?
Second, what happens when the renters leave? Most renters will rent for a year but many renters who are in distressed situations themselves consider agreeing to leases for 2 or even 3 years – of course they often ask for a lower rent. But if the renters leave in a year, how quickly will it rent again? Will you have to pay a month’s mortgage in addition to your current rent? What about two or even three months?
Third, is market rent the same as your current mortgage? If not you will have to make up the difference. Can you afford this difference along with your current rent?
Fourth, how will you handle repairs? Fortunately, if something breaks in the place you are renting to live in the landlord has to replace it – conversely, that means if something breaks in your home you’re renting you have to replace it. You can put into the terms of the lease that if something breaks the renters have to pay the first $50 or split the costs with you on a certain percentage. Of course if they can’t pay it, the home belongs to you so it’s your burden to actually repair – and if it is necessary for suitable living (no running water, no heat in winter) then as a landlord you’re legally required to fix it regardless of the terms of the lease.
Although finding good renters is a worry of many landlords, having a competent real estate agent is a good way to find good qualified renters. They will help you look into the renters’ backgrounds and check their sources. Despite this, there is always that risk when renting your home – but a competent real estate agent greatly reduces that risk.
Deed in Lieu of Foreclosure
A deed in lieu, also known as a friendly foreclosure, is when you sign the deed over to the bank. It allows you to avoid a messy foreclosure, going to court proceedings, and deeds in lieu often allow you to avoid a deficiency judgment. A deficiency judgment is when the bank comes after you for what you owe them regardless if you live in the property or not. A deed in lieu can still be reported on your credit as a foreclosure so the same detrimental effects can apply. Before signing anything, make absolutely sure that bank agrees to not file a deficiency judgment and that they will not report the deed in lieu as a foreclosure to the credit bureaus. If the lender won’t agree, make sure you completely understand how that will affect your situation before signing anything.

Look for real estate agents with the CDPE designation and make sure you ask to see their certificate directly from the CDPE site (don't settle for just a print out). When banks initiate a short sale they look for agents with a CDPE designation. Learn more about the CDPE designation at www.cdpe.com.
Short Sale
A short sale is a popular alternative to foreclosure. A short sale is when a homeowner sells their home for less than what they owe to the bank. This could be any loan on your house including your mortgage or a home equity loan. During a short sale, you list, price, and market your home as you would like a regular sale. When the buyer makes an offer you then submit it to your lenders’ short sale department along with your short sale package, which proves your distressed situation and financial hardship. The bank will most likely counter the buyer for more money, just like you would see in a regular sale transaction. Once the bank and buyer agree to a price, the bank issues a short sale approval letter, and the closing proceeds as normal.
Now this is very simplified version. In reality short sales can take up to a year since so many people are performing short sales and banks are dealing with defaults and foreclosures but the process is becoming faster and faster everyday. An experienced agent can also streamline the process by helping you assemble your short sale package correctly as well as competently communicating with the bank. Even though short sales can take up to a year, the most important part of performing a short sale is that during the short sale process it temporarily halts the foreclosure giving you time to complete the short sale and find a new place to live.
Be aware that short sales still negatively affect your credit score and can prevent you from qualifying for a loan for up to 2 years. That’s still better than foreclosure or bankruptcy which can prevent you from qualifying for a loan for up to 5 to 7 years, and stay on your credit report forever. There’s no check box on a loan application that says, “Have you ever performed a short sale?”
For more information about short sales visit our short sales help page.
For even more information about short sales and foreclosure alternatives visit our sister site at www.NoVAHomeHelp.com.
Sources:
http://www.huffingtonpost.com/2009/08/04/home-loan-modifications-o_n_250797.html
http://www.ntu.org/news-and-issues/government-reform/hamp-terminate.html
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Even though the real estate market has been pretty rough lately there are a lot of questions people have about it. What does it mean? How did we get here? How can we get out? We’ll explore every aspect of the current real estate market that may relate to you and we’ll spell it all out for you. Despite the way the market is, your home is still your most important investment and we’re here to give you as much knowledge as possible to protect it.
Remember to speak to an attorney or accountant before making any decisions as each individual’s situation is unique. This article is meant to provide information – not to replace a professional’s advice.