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Was your
home or your ability to make your mortgage payments harmed by an
event that the President declared a disaster? You may qualify for
relief to help you keep your home. Much of the mortgage industry
and The United States Department of Housing and Urban Development
is committed to assisting borrowers whose lives and livelihoods
are thrown into turmoil by a disaster.
If
you can't pay your mortgage because of what happened, your lender
may be able to help you. If you are at risk of losing your home
because of the disaster, your lender may stop or delay initiation
of foreclosure for 90 days.
Lenders
may also waive late fees for borrowers who may become delinquent
on their loans. Just follow the four steps below to see if help
may be available to you. You are strongly encouraged to contact
your lender for further information, and to see if you are eligible
for relief.
Step
One - Answer Four Basic Questions
- Did
my expenses rise or income fall?
- Were
these changes in my finances caused directly or substantially
by the disaster?
- Have
I missed any mortgage payments?
- Am
I without other resources, such as insurance settlements, to catch
up?
If you answered "yes" to all of these questions, and you have
a conventional or VA mortgage, contact your lender. If you have an
FHA-insured mortgage, please continue reading.
Step
Two - See If and How You Can Participate in FHA Disaster Relief
The
next step is to determine if you are one of the affected borrowers
as described below. You must be in one of three basic groups in
order to qualify for a moratorium on foreclosure:
- You or your family live within the geographic boundaries of
a Presidentially declared disaster area, you are automatically
covered by a 90-day foreclosure moratorium.
- You are a household member of someone who is deceased, missing
or injured directly due to the disaster, you qualify for a moratorium.
- Your financial ability to pay your mortgage debt was directly
or substantially affected by a disaster, you qualify for a moratorium.
If
Your FHA Loan Was Current before the Disaster but Now You Can't
Make Your Next Month's Payment
This
special program is designed to help borrowers who are at risk of
imminent foreclosure, so a moratorium won't apply to your situation.
However, if your inability to pay your loan resulted from the disaster,
your lender may waive any late fees normally charged and let you
know about other options. Also, if you foresee ongoing problems
in making your mortgage payments resulting from changes in your
financial status, you should contact your lender immediately.
How
Can This FHA Disaster Relief Help Me?
HUD
has instructed FHA lenders to use reasonable judgment in determining
who is an "affected borrower." Lenders are required to
reevaluate each delinquent loan until reinstatement or foreclosure
and to identify the cause of default. Contact your lender to let
them know about your situation. Some of the actions that your lender
may take are:
- During the term of a moratorium, your loan may not be referred
to foreclosure if you were affected by a disaster.
- Your lender will evaluate you for any available loss mitigation
assistance to help you retain your home.
- Your lender may enter into a special forbearance plan, or execute
a loan modification or a partial claim, if these actions are likely
to help reinstate your loan.
- If saving your home is not feasible, lenders have some flexibility
in using the preforeclosure sales program or may offer to accept
a deed-in-lieu of foreclosure.
Step
Three - Take Action to Qualify for Foreclosure Relief
A
foreclosure moratorium applies only to borrowers who are delinquent
on their FHA loan. If you are current on your loan payments, then
you should continue to make them. When contacting your lender for
further instructions, please be prepared to provide them information
about disability or other insurance that may be available to assist
you in making your payments.
FHA lenders will automatically stop all foreclosure actions against
families with delinquent loans on homes within the boundaries of
a Presidentially declared disaster area.
If
you were physically or financially impacted by the disasters and
are in default or foreclosure, contact your lender immediately to
request assistance.
Borrowers who were injured or whose income relied on individuals
who were injured or died in the disaster will be asked for documentation
such as medical records or death certificates, if available. Your
lender will ask you for financial information to help evaluate what
assistance can be provided to you to reinstate your loan.
FHA
Loans Already in Foreclosure
It
is very important that you notify your lender to be sure that they
realize you are an affected borrower. Your lender may request supporting
documentation and use it to determine if you meet the relief criteria.
Once identified as an affected borrower, foreclosure action may
be stopped for the duration of the moratorium period.
Step
Four -If Your Lender Is Unable to Assist You
HUD is confident that your mortgage lender will make every attempt
possible to assist you. If you are not satisfied after discussing
possible relief actions with your lender, please call a HUD-approved
counseling agency toll free at (800) 569-4287 or call HUD's National
Servicing Center at (800) CALL-FHA / (800) 225-5342.
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