If you are one of the thousands of American’s facing foreclosure, you may have a great deal more bargaining power than you ever thought. Analysis from Freddie Mac and large banks show that their cost to foreclose on your home is in the range of 60,000 dollars on average[1].

The high cost of foreclosing on a loan is ample evidence that lenders have a strong incentive to work out the problems with the loan and try to find an accommodation. Unfortunately, many individuals have found that talking to their lender is like banging their head against a wall – it gets you nothing but a headache. But understanding their language and knowing the right questions to ask can make the experience easier to stomach. That’s where a knowledgeable real estate attorney is invaluable.

The first step is determining what you can realistically afford. The next step is to sit down with your attorney and discuss what your legal options are. Many individuals are intimated to even call attorney, often in fear of what it may cost. Surprisingly, a good attorney can assist you for much less than what you’d expect. And the savings, down the road, to your credit report and pocket book are immeasurable.

The foreclosure option that may work for you may not work for your neighbor. Some of these options include:

1. Deed in lieu of foreclosure

2. Short sale approval

3. Payment modification

4. Payment forebearance

5. Payment extension

Next week, I’ll discuss in more detail each of these options.

As always, feel free to contact me with specific questions at our Royal Oak Office: 248.744.5000

[1] Lender cost of foreclosure: $58,759– Craig Focardi, CMB, Research Director, TowerGroup’s consumer lending division, cited by Dona Dezube, “Heroic Homeownership,” Mortgage Banking, (June 2006) p. 82.