A recent study estimates that 47% of foreclosed properties are still occupied.
When you first see that stat you may be surprised… but we’re not.
What most people don’t realize is that banks aren’t in the business to own homes.
They are in the business to loan people money. But when they have to foreclose on a house… the bank is forced to own the home until they’re able to sell it to get all or most of their money back.
But, what they had found is that when a Durham foreclosed house goes vacant… there is a much greater chance that the house will fall into disrepair. Often times the bank would rather have you in the property even after you stop paying your payments and the foreclosure is started because it wards of vandals and keeps the house in good working order.
There’s been a lot of talk in the media about people living for free after foreclosure – and even many stories about banks “abandoning” properties.
In those stories, people are avoiding house payments for months, even years.
Man, that sounds great! Let’s all live for free. (wink)
Wait… it can’t be that simple, right?
Right.
No bank would purposely neglect to collect payments. The only way that you get to live without making any payments is when some major mistakes were made.
But you might get lucky! It’s possible, and it’s happened before. However, it’s not exactly legal to avoid payments that you owe, and it can get you in serious trouble.
So why are so many foreclosed homes occupied? It’s important to remember that no one wants the house to be vacant. Vacant homes are targets for vandalism and crime.
Staying in the property can help the bank maintain the value of their investment, so it’s actually in their best interests to keep it occupied. Partly because of the ways that the foreclosure laws are structured in NC, banks may ask you to leave while wanting you to stay.
There are a few perfectly legal ways to remain in your home, even after foreclosure. Most importantly make sure you consult with a real estate professional.
How To Stay In My Home After Foreclosure In Durham
Not all these options are available (depending on your situation and your lenders), and you’ll need some expert advice along the way to help you get through.
1) Wait it out. Honestly, this is a pretty bad option, but it seems to be increasingly common. You definitely shouldn’t run away and abandon your house when the first notice of default shows up. Remember that the proceedings and the process takes months and sometimes years. It’s not over until it’s over, so don’t give up too early. On the other hand, don’t wait until the sheriff shows up to evict you to start packing up your stuff.
2) Go to court. In very rare cases, judges are granting stays and delaying evictions. This is really only a valid option if you (and your attorneys) can prove that the bank has neglected a legal requirement during the foreclosure process. During the past few years, a lot of fraudulent behavior at banks has been uncovered – so we may see an increasing trend of using the courts to stop foreclosure. Fighting banks with lawyers is very difficult, expensive and time-consuming, even if you’ve got a perfect case (most people don’t stand a chance).
3) Propose a move-out bonus. Often buyers of occupied foreclosure properties spend thousands of dollars on lawyers and other costs of eviction, so why not save everyone the time and expense by taking some of that money yourself? It’s known as “cash for keys”. It sounds a little greedy, but greasing the wheels does help everything to run smooth. Plus, you can help out the bank and the buyers by not abandoning the house to squatters before they’re ready to take possession.
4) Rent it back. It may sound crazy, but some banks are willing to take on previous homeowners as tenants in their property. That’s only a short-term fix, as they’ll want your agreement to vacate the premises as soon as they find someone to purchase the property. In some cases, we can even purchase the property and rent it back to you.
5) Negotiate a Loan Modification: Reach out to your lender and explore the possibility of a loan modification. This involves adjusting the terms of your mortgage to make it more manageable, such as reducing the interest rate or extending the loan term. If you can demonstrate a genuine commitment to making payments, the lender may be willing to work with you to prevent foreclosure.
6) Explore Government Assistance Programs: Investigate government programs designed to assist homeowners facing foreclosure. These programs can provide financial relief, counseling services, and guidance on how to navigate the foreclosure process. Programs like the Home Affordable Modification Program (HAMP) or the Hardest Hit Fund may be available in your area.
7) Sell the Home Before Foreclosure: If you’re willing to sell your home, consider doing so before the foreclosure process reaches its conclusion. This allows you to retain some control over the sale and potentially recoup some of the equity in the property. Working with a real estate agent experienced in distressed sales can be helpful in this situation.
8) Sell the Home Before Foreclosure: If you’re willing to sell your home, consider doing so before the foreclosure process reaches its conclusion. This allows you to retain some control over the sale and potentially recoup some of the equity in the property. Working with a real estate agent experienced in distressed sales can be helpful in this situation.
9) Bankruptcy: While filing for bankruptcy is a serious step, it can provide temporary relief by delaying foreclosure proceedings. It’s essential to consult with a bankruptcy attorney to understand the implications, benefits, and drawbacks of this option. Bankruptcy should only be considered after careful evaluation of your financial situation.
10) Sell to an Investor: Consider selling your home to a real estate investor who specializes in purchasing distressed properties. Investors may be willing to work with you on a timeline that allows you to stay in the property for a transitional period while you make alternative housing arrangements.
It’s really good that you’re reading this page and exploring your options. We help homeowners like you to find creative solutions. We buy houses as-is and can get you a cash offer within 24 hours. Because we’ve streamlined our process we can close in as little as 7 days.
To find out more about the foreclosure process visit our website here.
We can’t help everyone, but we might be able to help you.
We buy local Durham NC houses like yours from people who need to sell fast.