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As the Moratorium Ends, Lenders May Soon Resume Home Foreclosures

Posted by Marques A. Eason | Jun 04, 2021 | 0 Comments

Due to financial issues that have affected many people during the COVID-19 pandemic, the federal government has implemented a moratorium on foreclosures, which is meant to ensure that families can continue living in their homes during this public health emergency. While the moratorium has been extended multiple times, it is currently set to expire on June 30, 2021. This means that those who have been unable to make mortgage payments may face the loss of their homes. Some lenders have stated that they will resume foreclosures as soon as the moratorium ends, while others may wait to proceed with foreclosures until the end of 2021. Homeowners who are facing foreclosure will want to understand their options and determine whether they can work with their lender to create new payment options or whether they will need to find new living arrangements. 

Options for Homeowners Facing Foreclosure

To prevent foreclosure, those who have been unable to make mortgage payments will need to determine how they can become current on past-due payments, and they will also need to make sure they will be able to make ongoing mortgage payments. Homeowners may be able to work with lenders to address these issues, and available options may include:

  • Forbearance - Those who have been unable to make mortgage payments may qualify for relief in which they will not be required to make payments for a certain period of time, or the amount of payments may be temporarily reduced. While missed payments will need to be made up, homeowners will generally not be required to pay a lump sum at the end of the forbearance period. Instead, missed payments may be added on to the end of the loan, or the amount of payments may be increased temporarily. Homeowners who received a forbearance before June 30, 2020 may request up to two extensions of three months each, but the maximum period for forbearance is 18 months.

  • Loan modifications - Homeowners may be able to work with lenders to find ways to ensure that they can afford to make mortgage payments. In some cases, a lender may agree to a lowered interest rate, or a loan's term may be extended, reducing the amount of monthly payments.

  • Short sale - Those who cannot resume mortgage payments may not be able to avoid foreclosure. However, homeowners may be able to minimize their financial losses by selling their home for less than what is owed on their mortgage. A homeowner may need to obtain permission from their lender before proceeding with a short sale, and by doing so, they can ensure that the lender will not pursue a deficiency judgment against them.

Contact Our Beverly Foreclosure Defense Attorney

If you have struggled to make mortgage payments during the COVID-19 crisis and are facing a potential foreclosure once the moratorium is lifted, you will need to work with an attorney to determine how you can avoid losing your home. At The Marques Eason Law Group, we will advise you of your options, and we will help you negotiate with your lender to ensure that you can receive favorable terms that will allow you to make affordable payments and continue living in your home. Contact our South Side of Chicago real estate lawyer at 773-973-3755 to get legal help with foreclosure, loan modifications, and other related issues.

Sources:

https://www.cnbc.com/2021/05/27/when-banks-could-restart-home-foreclosure-proceedings.html

https://dsnews.com/daily-dose/05-24-2021/concerns-grow-as-foreclosure-moratoria-date-nears

https://www.usnews.com/news/business/articles/2021-05-19/how-to-ease-out-of-mortgage-forbearance-avoid-foreclosure

About the Author

Marques A. Eason

Chicago Real Estate, Family Law, and Probate Attorney

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