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Saturday, February 21, 2009
Foreclosures can seem complicated since there are so many different terms associated with them. Real estate agents and loan officers might know these terms like the back of their hands, but to the rest of us, it would be easy to get confused when terms start to be used.
Lien holder is another term important to understand as it relates to foreclosure. The lender, usually a bank or credit union, gives you money to finance your purchase of the home. This means there is a lien on the home. In truth, the lien holder has the power to take back the home, or foreclose on it, if you don't keep your contractual obligations.
Acceleration or acceleration clause is also an important term to know. Most mortgage terms contain an acceleration clause these days. This is what allows the lien holder to declare the entire amount of the home as debt owed and not just the amount you have defaulted on paying.
If you are behind on payments, and there is an acceleration clause in your mortgage, the lien holder can decide to accelerate your mortgage and require you pay the full amount or the home will be foreclosed. If there weren't an acceleration clause, technically if you failed to make payments, the mortgage holder could really only hold you accountable for what you haven't paid, not the full amount you owe on the home. They would have to wait until payments became due.
Default is another term often associated with foreclosure. Default refers to the lack of payments on time and in full to the mortgage. This means that the borrower failed to stick to the terms and conditions of the loan and therefore defaulted on their payments and the loan. Default often leads to foreclosure of the home.
Even though foreclosure can seem like a tedious concept to understand, knowing these terms will help you navigate your way through and hopefully even avoid foreclosure. Understanding the terms will help you be able to communicate better with your lien holder so you feel like you are not left in the dark.
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Bankruptcy is a declaration of the inability of an individual to pay its creditors. Creditors may likewise file a bankruptcy petition against you in their effort to recover a percentage of what they are owed to. A restructuring plan can also be initiated. This is because, in most cases, voluntary bankruptcy is initiated by the debtor.
People in bankruptcy status follow rules where they don't have to repay certain debts. This situation is where a court order called a discharge will be released to you.
Bankruptcy makes a mark in your credit report for 10 years. Information like the date of your filing and the later date of discharge will likely stay on your credit report and this can make your application for credit later difficult. Buying a home, getting a life insurance and even getting a job in the future can be a little tougher because of this information on your credit report.
There are two types of personal bankruptcy. The first type is the Chapter 13 Bankruptcy and the other is Chapter 7 Bankruptcy. A bankruptcy case must be filed in the federal bankruptcy court. With both types of bankruptcy, one may get rid of unsecured debts. In addition, the discharge will stop foreclosures, garnishments, repossessions, and utility shut-offs. It will likewise put off debt collection activities.
With bankruptcy, one can be allowed to keep certain assets, although the exemption amounts vary by state. Personal bankruptcy, on the other hand, does not eliminate child support, alimony, and fines. It also does not exempt one from taxes and student loan obligations.
Bankruptcy can be very traumatic as it brings along a stigma in the society. For the few, however, it remains as a way to have a fresh start for people who went through financial difficulty and thus were not able to satisfy their debts.
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Today, there many non-profit credit counseling organizations that can be trusted to work with your financial problems. Of course, be conscious of the fact that for these non-profit organizations to survive, they have to monetize their services in a way or two. Despite their claim that their services are free, they can ask you some form of a voluntary contribution. Nevertheless, it is affordable than most commercial credit counseling services for big companies. And if they are legitimate and well worth your trust so far, the contribution is justifiable.
In contrast, some credit counseling organizations out there charge fees pushing you deeper into debt. These may come as a surprise in the form of hidden fees so always ask for payments and rates before committing to any financial service.
With today's convenience and high demand for these companies, credit counseling services are everywhere with local offices, online, and they can also be contacted through phone. If available, find an organization you can visit for in-person counseling. Ask friends, colleagues, and family members for referrals as well. They might know one they already have trusted in one way or the other. Always search for valuable information in choosing a reputable credit counseling organization. Since these companies offer their knowledge in the filed of financial services, ask for a sample of how they employ their expertise. Ask them what they can advise you on managing your debts. Can they do it for free?
Request further if they can help you create a workable budget or find some problems with your current one. Inquire what other free educational resources like workshops can you get before finally signing a deal with them.
Remember, only the well trained and certified counselors follow these standard protocols in providing their customers a guaranteed satisfaction in their services. Take the time to find your counselor; after all they are the answer to solving your problems.
For more information on financial directory, get FREE Articles Tips at DollarGuides.com. Get debt-free today with tips on how to get rid of debt here. Start improving your personal finance today.
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