Hot off the press! Michigan lawmakers struck a deal last week to give homeowners facing foreclosure a 90-day window to stay in their house and potentially work out a deal with their lender.
The legislation lets homeowners delay foreclosure proceedings if, after getting a notice of foreclosure, they meet with a housing counselor and the bank. Only homeowners meeting certain financial standards could qualify for loan modification.
There is a list of housing counselors prepared by the Michigan State Housing Development Authority will have to be included in the foreclosure letter for the homeowner to be eligible.
This bill is a great relief to homeowners who are struggling with the prospect of foreclosure. Also, it is a great deal for the banks, who naturally, do not want a long and drawn out foreclosure process which costs both time and money. Everybody wins, the homeowner keeps their home and the bank (and likewise the homeowner) does not have to go through a foreclosure on that property.
The House quickly passed the bills 93-15 after they won approval in a conference committee that had resolved differences. The Senate will send them to Governor Jennifer Granholm soon. However, the legislation will not take effect until 45 days after it becomes law, so homeowners who have already gotten notice of foreclosure will not get a 90-day lifeline. The new law will last for two years and is seen as a compliment to President Obama’s housing plans.
We are sure that as this bill becomes law it will be watched with much interest. We will keep you posted.
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A Short Sale is when the borrower shorts the lender by an amount less than what is owed for the mortgage. The property is sold with the approval of the lender. The lien is released by the lender at time of sale. A discharge of debt is shown on the credit statement of the borrower. A short sale can be negotiated any time before the lender acquires title to the property. In Michigan we have a 6 month redemption period, so even after the borrower has received late pay notices and a sheriff’s sale has occurred, there is still time to negotiate a short sale. The lender determines hardship, current market value through a brokers price opinion, and ability to repay vs. taking the property back through foreclosure. If a short sale were easy, all lenders would be approving them, but the lenders do not have to make this easy. There are many proactive steps in securing a successful short sale including filling out all required documentation, meeting the bank’s appraiser with comparables, and constant follow up and communication with the bank loss mitigator. For confidential consultation, try 










