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Most homeowners believe that foreclosure laws are designed to hurt rather than help them. Not so. The secret is that foreclosure laws have evolved to protect the borrower–not the lender. There, I’ve said it. The secret is out! Now listen closely and understand why I say this. The foreclosure process gives you, the borrower, specific periods of time in which to:

• bring your loan current by making up the missed payments (known as “reinstatement”), or

• pay off your loan in its entirety (called “redemption”).

If neither of these options is feasible, you will still have time to prevent your property from being sold at a public auction (the foreclosure sale).

You will get the most benefit out of the foreclosure process if you envision this secret as a “window of opportunity” to resolve your financial problems. During this window of opportunity, you have time to learn about the foreclosure process and implement a strategy to stop the foreclosure.

Another basic misconception about foreclosure is that lenders want to foreclose. Nothing could be further from the truth! Lenders are in the business of loaning money–not owning real estate.

They don’t want your house back for numerous reasons. Lenders are reluctant to incur the costs of a foreclosure. For example, if your lender is forced to foreclose, it will not only lose your back payments, but it will also incur foreclosure expenses, taxes, insurance, wear and tear while you (or your tenant) live in the

property, repair costs to refurbish the property for sale, and a real estate agent’s commission once the property is sold. As a result, many lenders will go out of their way to work out a resolution–short of actually foreclosing–if you give them the opportunity.

A. Communicate With Your Lender

The secret to stopping your foreclosure is communicating with your lender. With the sudden avalanche of foreclosures and defaults, lenders are more eager than ever before to workout a solution rather than foreclosing. Lenders will do almost anything to avoid increasing their overflowing REO inventory of foreclosed properties.

Don’t shy away because you’ve missed payments, concerned that you will miss some payments in the future, or that your property has already gone into foreclosure. Whether you communicate by telephone, letter, email, fax, or in person, you will have a much easier time stopping (or at the very least, delaying) the foreclosure if you talk to your lender rather than adopting a code of silence.

The secret is to negotiate directly with someone with “authority” at your lender’s office. The first step is to determine who your lender actually is. (This is no small feat these days with lenders selling their loans to other lenders like hot potatoes.) If your property has already gone into foreclosure, the first person you will be dealing with will either be the foreclosing trustee, or the attorney for the lender. If it is a judicial foreclosure, you will most likely be contacted by a process server, sent by the lender’s attorney. If it is a non-judicial foreclosure, the trustee is responsible for handling the foreclosure process. You will need to contact these people.

But the secret is that you will be more successful if you communicate directly with your lender, rather than the trustee or the attorney. So you should request from the trustee or the attorney, the name, telephone number, and address of the foreclosing lender. In the unlikely event that they refuse to disclose the name of your lender, you can look on the Notice of Default, or the summons and complaint, or telephone the customer service department of a local title insurance company.

Another situation may occur where you discover the name of your lender, but it turns out to be a servicing agent rather than the party that actually holds the deed of trust or mortgage. A servicing agent is a company (sometimes it can be a bank, mortgage company, or private corporation) that is hired by the actual lender to “service” the loan, (issuing mortgage statements, payment coupons and late notices, collecting payments, monitoring the impounding of insurance and tax payments, and handling foreclosures if necessary). Fortunately, most servicing agents will disclose the name of the lender. If they won’t, you may be forced to negotiate with the servicing agent.

In the interim, you will receive threatening calls from collection agents at the lender’s office. Do not under any circumstance ignore your lender’s contacts. Your goal should be to respond to every phone call or letter. Difficult as it may be to talk about your financial problems, be polite and cooperative. Follow up all telephone calls with a letter to the person you spoke to, confirming what was said. If you’re not in when a call comes, return it as soon as you can. Use these calls to collect information regarding your lender (i.e. lender’s name, address, phone number, fax number, email address, responsible department or individual).

When you receive a letter from your lender (always keep the original), immediately write a letter in response. The secret here is to establish a paper trail so you can prove to your lender (or a court, if necessary) that you have been cooperative, especially during the initial stages of the foreclosure process.

It is also important to send copies of all of your letters to:

• the lender’s CEO

• the branch manager (if applicable)

• the loan officer who helped you obtain your loan, and

• any other person you know by name at your lender’s office.

B. CONTACTING PEOPLE YOU KNOW AT THE LENDER’S OFFICE

Make sure your letter indicates you are sending copies by typing “cc:” and the name of the person(s) below your signature. Please don’t be hesitant to send copies of your letters to these individuals, as they can’t do anything to help you if they aren’t aware of your predicament. There is a secret to sending copies to other people and showing the “cc” at the bottom of your letters. At the very least, the person you sent the letter to won’t be able to ignore your letter because he or she knows that supervisors have received copies.

Typically, in their initial letters and telephone calls, your lender will state that they have not received your payment(s) and inquire innocently whether or not you have mailed a payment. What you say in response to your lender’s inquiry is another matter. If you already mailed your payment, give your lender the date. If you have not, tell the truth. Your lender in turn will want to know why you haven’t paid, and what date you will be sending a payment. Acknowledge that you are having temporary financial problems and that you won’t be able to make the payments for the next couple of months. Provide a good explanation of your financial difficulties (i.e. layoff, medical emergency, death in the family, loss of business, divorce). Contrary to popular belief, sharing this information will not speed up the foreclosure process. What you say may make the lender more sympathetic to your situation and may delay the foreclosure. At the very least, it will foster a positive atmosphere for negotiations later in the process.

Your lender may warn you that if payments are not made, your loan will go into default. It may also threaten to start foreclosure proceedings unless you bring all of your payments current immediately. Don’t be intimidated. Stay calm and understand that the person you’re dealing with is simply doing his job. At this point, write a letter explaining your financial problem and request an appointment with a senior loan officer to discuss your loan.

Choosing a residential mortgage in today’s market can seem like a daunting task. The borrower can be faced with a myriad of choices. Each lending institution presents their respective claims to the enquiring borrower in an attempt to entice them to use their residential mortgage product. Each one assures the borrower that their product is the best residential mortgage that they can get.

This is not always the case. Terms for residential mortgages can vary widely between lending institutions, even for those with bad or less than perfect credit. There is also often latitude in interest rates for residential mortgages, depending again upon the lending institution and what terms the borrower is looking for.

Here are some of the considerations for borrowers looking for a residential mortgage: A loan for no more than 80% of the appraised value or purchase price of the property (whichever is less) is a conventional residential mortgage. The remaining 20% required for a purchase is referred to as the down payment and comes from your own resources. If you have to borrow more than 80% of the money you need, you’ll be applying for what is called a high-ratio residential mortgage. If you are self-employed or don’t have verifiable income, most traditional lending institutions won’t go over 75% on a conventional residential mortgage.

If high ratio, the residential mortgage must then be insured by the Canada Mortgage and Housing Corporation (CMHC), Genworth Financial Canada (Genworth), or AIG. The fee that the insurer will charge for this insurance will depend on the amount you are borrowing and the percentage of your own down payment. Whethor or not you are self-employed and have verifiable income or if you have a bad credit history will also determine the amount the insurer will charge. Typical fees range from 1.00% to 7% of the principal amount of your residential mortgage.

With a fixed-rate residential mortgage, your interest rate will not change throughout the entire term of your mortgage. The benefit of this is that you’ll always know exactly how much your payments will be and how much of your mortgage will be paid off at the end of your term. With a variable-rate residential mortgage, your rate will be set in relation to the prime rate at the beginning of each month. The interest rate may vary from month to month (although your payment remains the same). Historically, variable-rate residential mortgages have tended to cost less than fixed-rate residential mortgages when interest rates are fairly stable. You can potentially pay off your residential mortgage faster with a variable rate residential mortgage.

The term of a residential mortgage is the length of the current mortgage agreement. A residential mortgage typically has a term of six months to 10 years. Usually, the shorter the term, the lower the interest rate. Two years or less equals a short-term mortgage. Three years or more is usually a long term mortgage. Short-term mortgages are appropriate for buyers who believe interest rates will drop at renewal time. Long-term mortgages are suitable when current rates are reasonable and borrowers want the security of budgeting for the future. The key to choosing between short and long terms is to feel comfortable with your mortgage payments.

After a term expires, the balance of the principal owing on the mortgage can be repaid, or a new mortgage agreement can be established at the then-current interest rates. Open mortgages can be paid off at any time without penalty and are usually negotiated for a very short term. Homeowners who are planning to sell in the near future or those who want the flexibility to make large, lump-sum payments before maturity will find this type of residential mortgage helpful. Closed mortgages are commitments for specific terms. If you pay off the mortgage balance before the maturity date, you will pay a penalty for breaking the term. The good news is, refinancing a residential mortgage for a lower rate or more attractive terms can often offset any penalty incurred by breaking the term.

Residential mortgages are available through banks, mortgage companies and private lenders. Mortgage rates vary widely. Traditional banks offer some very low rates. However, due to their restrictive lending criteria, they are prevented from providing residential mortgages in many instances. Previous bankruptcy, bruised credit (bad or less than perfect credit), or even owning multiple properties can make it difficult or even impossible to obtain residential mortgages through traditional banks.

Hard money residential mortgages are available through private lenders. Unlike traditional banks, private lenders have more flexible lending criteria. Also known as hard money lenders, private residential mortgage companies focus more on a clear method of repayment and the current value of a property rather than looking exclusively on your personal financial package, which may indicate bad credit.

Private lenders are often able to fund a residential mortgage if there is a clear picture of how the loan will be paid back. When determining whether to fund a residential mortgage, private lenders will often look at the ratio of income to expenses. Unless a borrower has repeated defaults and bankruptcies, private lenders are not as concerned if the borrower has bad or less than perfect credit.

When applying for a residential mortgage, be prepared to provide your residential mortgage company, be it a bank or a hard money private residential mortgage lender, with the following:

- A completed standard residential mortgage loan application, which includes a personal balance sheet
- A description of the use of proceeds of the residential mortgage you are seeking (strictly refinance, debt consolidation, home improvements, etc.)
- A description of the property
- The current value/purchase price of the property
- An estimate of the property’s value after improvements, if any
- For a hard money loan, provide an exit strategy for the residential mortgage
- Will you refinance this mortgage with a traditional bank after making improvements or alterations to the existing property or some other scenario?

Owners considering a residential mortgage refinance will find many unique loan programs. Specialists of commercial and residential mortgage refinancing offer some of the best loan options available, most of which your local bank simply does not have. Refinancing your residential mortgage is not an act exclusively reserved for the time your residential mortgage matures. There are some great reasons for refinancing your residential mortgage prior to this. If you have selected a private hard money lender who is a good match for your loan scenario, you will be able to speak directly with the decision makers, avoiding the ‘run around’ that so many hard money borrowers fall prey to. You are told that your loan is going through, only to hear the next day that the lender has elected not to take on your hard money loan and now your loan is on another desk in yet another private lender’s office – or worse, on the desk of another broker who may know a broker who knows a lender who may want to fund your loan. Sometimes, the choice of direct lender is based more on the commission the broker will get than on your best interests.

By working with a private hard money lender, you can avoid the ‘run-around’ and may be able to close more rapidly. After all, no one knows your situation like you do, no one can explain any extenuating circumstances better than you can, and no one is as committed to your hard money loan as you are.

The advantage of working with a mortgage broker is also clear: a seasoned, well-informed, honest mortgage broker will have the knowledge of and direct access to the private hard money lenders in Ontario, Canada, and the United States. A mortgage broker will know where your loan has the best fit. A good mortgage broker will help you ‘package’ your loan to your best advantage, helping you determine how much to expect based on the equity in your property, how soon you need to close the deal, and more. A good mortgage broker will be able to assist you through the lengthy application process and submit your loan request to the best privatelenders for your situation. More often than not, working with a mortgage broker will save time. By representing you and presenting your loan request to the best private lenders, it often makes the transaction run more smoothly and take less time than if you were to take on this task yourself. This often saves you time and trouble in the long run and be well worth the cost of using a mortgage broker.

For most Canadians, buying a home is the largest financial decision they will make in their lifetime. Yet, consumers across the country are more likely to painstakingly review dozens of investment possibilities for their portfolios than to scrutinize their mortgage choices. The mortgage world – like the investment world – can sometimes be confusing. There is a vast array of choices – open, closed, fixed, floating, long or short amortization, prepayment options, portability… and of course, the rate itself.

Making the right mortgage decision can have a huge financial impact over the long term. Many Canadians have an investment advisor to help them sort through their choices. Now, Canadians are also beginning to turn to mortgage brokers to help them make better mortgage decisions. Canadians are just now catching up with their counterparts south of the border, where mortgage brokers already arrange approximately 70 per cent of mortgages for U.S. properties.

So what is a mortgage broker? The role of a mortgage broker is to understand your mortgage needs, seek out the best options for your situation, and guide you through the lending process. A mortgage broker does not work for any individual institution or lender, but is independent, and has up-to-the-minute loan rates for a wide array of banks and other lending institutions.

There was a time when the banks exercised the view that they “owned” their customers, and mortgage brokers were perceived only as a last resort for home buyers with poor credit history. But times have changed, and home buyers in every bracket are learning they can benefit from the professional advice of a mortgage broker.

A good investment advisor can make you thousands of dollars. But a good mortgage broker will SAVE you thousands of dollars. Whether you are buying a home or renewing a mortgage, consider making a mortgage broker part of your financial plan this year.