The timeline of the foreclosure process will depend almost entirely on the state laws, so homeowners in danger of missing more than one mortgage payment should look those up as soon as possible. Various time lines are determined by the state, including notices that must be posted or mailed, redemption periods after the sale, and the scheduling and confirmation of the sheriff sale. Even procedures for postponing a sheriff sale are determined by the state laws. All of these aspects will be taken into account for the actual time that foreclosure victims have available to save their homes.

However, in general, the mortgage company will start the foreclosure process about 3-6 months after the first missed mortgage payment. Even though they can start it after the loan is technically in default (after 30 days late), lenders understand that many homeowners face short-term financial hardships and will be able to get back on track quickly. If the homeowners are keeping in contact with the bank, working out a repayment plan or trying to sell, they may postpone the actual foreclosure filing for a number of months, depending on the success of the homeowners. The mortgage company will want to give their clients some extra time to pay the loan back if the lines of communication are open. Of course, if the homeowners do not call the bank and ignore the phone when the lender calls to find out why they are not making the payments, then the foreclosure will begin much earlier.

Generally, a few weeks to a few months after the foreclosure is filed, the sheriff sale will be conducted at the county courthouse. Again, homeowners can get this postponed for a while, if they are working on a solution to save the home. Keeping in contact with the bank, letting them know how the process is going, and asking for more time if it is needed are all actions that foreclosure victims can take to prevent losing the home at a hastily scheduled foreclosure auction. The homeowners will have to put something in writing to the bank to show what they are working on, but postponing a sheriff sale can be quite simple. All it takes is communicating with the bank and working on a solution to the problem.

Now, after the sheriff sale, there are two possibilities, depending on the state foreclosure laws. First, the eviction process may begin right away. If this is the case, it can be another 2 weeks to a month or so between the sale date and the eviction date. The bank will have to ask the court for possession, the court will have to confirm the sale and order the county sheriff to evict the former homeowners and change the locks. But this is not a one-day process, with the sheriff kicking out the homeowners a few hours after the auction. Homeowners will still have a small amount of time to plan their future, find a new place to live after foreclosure, and move items out of the house.

The second possibility is if the state law allows for a redemption period, which is extra time after the sale that homeowners can work to keep their homes. During the redemption, they can try refinancing, selling, or paying the loan in full some other way, and keep the home in their names. After the end of redemption, though, the eviction process will start and it will be a few weeks after that that the sheriff shows up to remove everyone. But, if homeowners are unaware of the extra time they are given by state law, they may move out of the house before they have to. Redemption periods can be used by homeowners to begin a savings plan, pay off other debts to improve their credit, or begin to recover financially in other ways.

Without having the relevant information to understand how long the foreclosure process will take, many homeowners make mistakes that could otherwise be avoided. They may believe they have to move out before it is necessary, crippling their ability to start repairing their financial lives. Or, they may think that they have a lot of time left because of faulty assumptions about when the bank will start the foreclosure process, which can leave them staring at a sheriff sale before they even know it has been scheduled. Knowing how long foreclosure takes, and understanding that it is conducted differently in each state, is some of the most important advice that homeowners can receive, and will allow them the greatest chances to save their homes.

By Nick Adama

While these laws provide further regulations that reputable foreclosure experts must now follow, the foreclosure scam companies will continue to do whatever they can to take advantage of homeowners in foreclosure. Many of the worst of these companies do not even bother to research the relevant foreclosure laws and rely on homeowners to fail to gather their own foreclosure information. In essence, they rely on their own ignorance of the law and the foreclosure victims’ ignorance in order to prey upon homeowners. This presents a unique opportunity for legitimate foreclosure investors and companies to fill this void by educating foreclosure victims on what can be done to stop foreclosure legally and effectively.

The vast majority of homeowners in foreclosure would like to keep their home if a suitable solution was presented. The idea of being set out on the street with nowhere to live and no opportunities to improve the lives of their own children causes great anxiety and scares homeowners to the point of trusting a scam to take care of their problems for them. Investors who are able to educate homeowners and structure a deal that is in the best interests of all involved are able to provide these homeowners with local solutions to stop foreclosure that will give them the best opportunity to repair their financial lives and get out of debt. Obviously, this deal will have to be a win-win situation for both the investor and foreclosure victims, but any win-lose or lose-lose situation will not provide either party with a long-term solution to the problem. Being honest with homeowners in foreclosure about their options and educating them on what will happen before, during, and after the foreclosure process is often the most effective way to come to a mutual understanding of the benefits of any plan to save a home.

There are many possible solutions to help homeowners save their homes from foreclosure, including ownership partnerships, trust agreements, and land contracts, to name just a few. Structured correctly and reviewed by all parties and their legal counsels, these can be very successful in putting an end to the foreclosure process. The most commonly used solutions are rental agreements and leaseback options, which give homeowners the possibility of living in the property and making rent payments until they have significantly improved their credit and can qualify to purchase the home back. Sometimes, these options will result in lower payments for the homeowners, as investors can often qualify for lower interest rates and pass those savings along to the foreclosure victims, which provides them with the best chance of eliminating debt and starting a savings plan.

By carefully considering a legal and mutually beneficial method to stop foreclosure, both homeowners and investors can provide each other with important benefits. Investors will be able to acquire a new investment property, improve their own credit scores, and make income from helping the foreclosure victims. Homeowners, in turn, will be able to avoid foreclosure without the loss of their homes, be able to remain living in their house, have an opportunity to repair their credit, and eventually repurchase the property, completing the process of financial recovery. In addition, educating homeowners on how foreclosure works and what causes it will allow communities to learn how to prevent future foreclosures and build a knowledgeable local population on guard against various foreclosure scams, who will not rely on the government to protect homeowners in financial hardships.