Second 모기지 디폴트 - ASK미국

s**rnof**** 님 답변 답변일 7/20/2019 12:04:23 PM

‘갚고 있는 상태 ”였습니다” . . .여러회사로 거쳐 생전 듣지도 못한 3업체(debt purchasing company)로 이전,
이상황에서(in default) . . . 조금 더 기다려서 딜을 하는게 ? ’ . . .

“The more equity there is in the property, the greater the likelihood that the second mortgage holder will foreclose.
그부동산에 equity 가 많을수록 제 2 모기지 보유자가(the second mortgage holder) foreclose할 확률이 높아집니다.

Before you decide what to do, make sure you understand all of your OPTIONS and their consequences. (There may be tax consequences): loan modification, forbearance, repayment plan, reinstate the loan, Consolidate Debt, refinancing, Redemption . . . to keep the property.

Under federal law, in most cases, the lender can't start a foreclosure until you're over 120 days delinquent in payments.
CA. state’s foreclosure laws. https://www.courts.ca.gov/1048.htm

Experts suggest that the longer the loan is unpaid, the greater your negotiating power?
연체기간이 길어질수록 협상에 유리하다? “It Depends”

Call your service (the second mortgage holder). Don't wait until the last minute to seek help to find out if you qualify for a foreclosure alternative. The sooner you deal with the problem, the better.

It’s vitally important for homeowners to understand that there is a huge difference between trying to settle a defaulted second mortgage with the original lender and an extremely aggressive debt buyer (a debt purchasing company).
‘Second 모기지 디폴트’를 채무 매입 회사( debt purchasing company) 와 ‘딜을 하는것’ 과 최초의 대출 기관(original lender)과 ‘딜을 하는것’ 에 많은 차이가 있읍니다.

These firms (debt purchaser) are in business to generate profit, and not to help people stay in their homes.
The attitude is, “PAY UP OR GET OUT”
The idea is to let people know the foreclosure threat is not a bluff, and thereby increase the overall return on the portfolio.

Many heartbroken people who passed up good opportunities to resolve their second mortgages with the original bank (the original creditor) or lender, sometimes for 5% to 20% of the loan balance, only to see the loan get sold to a purchaser refusing to accept less than 50% to 75%.

때로는 대출 잔액의 5 %에서 20 %에 해당하는 금액으로 원래의대출 기관 (the original lender)과 협상이 가능한 기회를 놓쳐 50 % ~ 75 % 이상 으로 debt purchasing company 와 협상을하게되는 경우가 종종 있읍니다."

s**rnof**** 님 답변 답변일 7/20/2019 12:05:47 PM

"Remind the lender you know your rights. If the lender is unwilling to settle or lower the debt, inform the lender that the debt can be erased if you choose to file for bankruptcy protection.

To negotiate your small lump-sum payment, with CONVINCING EVIDENCES: having an appraisal done in the current market might provide you with proof that the house has decreased enough in value to entice the lender to consider a lump-sum offer.
설득력있는 증거로 소액 지불을 협상하는방법. . .

If your home has not lost enough value to use as a bargaining chip, perhaps your debts will do the trick. If you are significantly behind in certain types of payments, not only to the lender of the second, but also other things such as student loans or IRS debt, your second lender knows it will be last in line for collections when pitted against federal agencies.

When the lender looks at your overall situation, and it appears that bankruptcy seems imminent, your offer of an immediate lump-sum payoff will appear good by comparison.
Obviously, you might be drowning in debt and still not ready to file bankruptcy, but if it looks to the second lender that you will lose your home to foreclosure or bankruptcy it will be open to suggestions, such as a small lump sum payoff.

Put any agreement in writing. When you agree on a number, request an agreement from the lender for your records before paying.

If you are not in a position to settle, then another option is to REINSTATE the loan.

If you are still in a financial hardship situation, it may be possible to negotiate MODIFIED TERMS that you can manage.

Please do not assume that it’s safe to continue ignoring a defaulted second mortgage or HELOC.
Evaluate your situation, develop a game plan and take action to protect your home from a possible foreclosure.”

https://homeguides.sfgate.com/can-negotiate-second-mortgage-lender-small-lump-sum-payoff-60609.html

https://www.businessinsider.com/underwater-how-to-negotiate-a-settlement-on-a-second-mortgage-2011-7

l**100**** 님 답변 답변일 7/20/2019 4:25:21 PM

자세한 답변 정말 감사합니다.
현재 집값이 샀을때보다 낮은 value 로 책정됬고,
first loan 남은 상태가 현집값과 거의 비슷한 상태여서, underwater 라고 하기에도 애매한 상태입니다.

말씀하신대로 가장 좋은 방법은, 낮은 비율로 settlement 로 하는 것이 가장 좋을 듯하온데.
debt collect company 에서 보통 $1 달러당 7센트에 debt 을 산다고 하는데, 이거보다는 위로 올려서. 딜을
해볼까 합니다. 될지 안될지는 모르겠지만요.

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