If you are struggling to make your mortgage payments, foreclosure may not necessarily be the answer. In many instances, banks and other lenders are willing to work with you to avoid this eventuality. In this market especially, banks are losing a lot of money on foreclosed assets as they sit unsellable and vacant. For this reason, it is in your best interest to sit down with your lender to see if you can come to an agreement about a loan workout.
What Is a Loan Workout?
The term, "loan workout" refers to a plan that is worked out between you and your lender for how to restructure debt and avoid foreclosure. In these agreements, the terms of the loan are modified in some way, usually through a reduction in payments or a lowering of interest rates in order to give the borrower a better chance of paying the loan back. All the parties involved must agree to the terms of the restructuring for the loan workout to be successful.
A loan workout is a good idea for borrowers if the homeowner is unable to pay a loan due to unforeseen circumstances like a job loss or a pay cut. The factors that led to the inability to pay are considered in great detail, as is the total amount of the loan, what is still owed, missed payments, and whether the borrower has good financial prospects in the future.
Where Do Lawyers Come In?
If a loan workout is not in an institution's best interest, often it is very difficult to obtain one. If a bank views the foreclosure as a better option for them, often that is what they will push for.
Having a lawyer on your side however, can help you fight unfair treatment. A lawyer may also help you in the process of convincing the lender that you are still able to pay, albeit at a reduced rate. The legal processes behind this action may also be difficult to follow, which is why it's a good idea to have someone who is familiar with this type of law to help you.
One of the best things you can do is consult with a lawyer like Gary Lightman early on in the process. By beginning the communication with your lender early, you show that you are not trying to dodge payments, but that you are sincerely interested in coming to an agreement. If at all possible, do not wait until the bank starts sending you threatening letters.
If you are in financial trouble and you need a loan workout to make your payments, get a lawyer on your side to help you get back on track.