Are you part of the sub-prime home mortgage refinance scenario? Then it’s time to take a good hard look at current trends.

Rising real estate costs

The real estate market has seen a steep rise in the price of houses – with the result that the average home buyer cannot afford to spend such a high sum on owning a new home. Even those persons who are making monthly payments towards the home mortgage refinance are finding it increasingly difficult to cope with rising prices. Interest rates have shot up, further tipping the scales against the homeowner’s favor.

Why the sudden rise?

There are many reasons why interest rates and associated real estate expenses have escalated. For starters, the sub prime market borrowers typically comprise those who have already been rejected as per other more stringent eligibility criteria in the prime market. This means the sub prime home mortgage refinance lenders offer them loans at relatively easier criteria – some of them may even imply lesser documentation and background checks on the borrower. Even those borrowers who have a relatively lower credit score maybe approved under the sub prime market home mortgage refinance lending process.

The real estate segment is hurting

Delinquencies and default patterns are at an all time high. Foreclosure and Real Estate Owned is a common phenomenon these days in the home mortgage refinance scenario. Why this is happening can be predominantly attributed to the re-adjustment in rates. Usually the sub prime home mortgage refinance lenders attract borrowers with a low promotional rate. When this rate shoots up after the promotional stage, it’s a nightmarish situation for borrowers and lenders. The borrower finds it impossible to pay up and the lender finds it virtually impossible to recover the money. This is also known as predatory lending – it’s quite similar to hunting for a prey by luring with attractive rates of interest. Once the unsuspecting customer has been caught in the web, there’s no escape and the home mortgage refinance lender extract every possible penny from the borrower. What this means from a long term perspective is that investors lose trust in the home mortgage refinance lending company. This can affect the prime market and potentially qualifying borrowers may not qualify in the prime market. This way home sales deteriorate and real estate suffers.

Growing competition

With the recent decline in home sales, most home mortgage refinance lenders are skeptical on future profit margins. They prefer to be less optimistic about the future trends in the sub prime market. However this has not stopped lenders from fiercely competing with each other. In fact, competition has now escalated because in the dwindling home mortgage refinance market, every lender wants to make a quick buck or two.

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What is Mortgage Reinstatement?

By definition, a mortgage reinstatement is restoring a loan after the lender files foreclosure against the borrower who never made payments, even after the given grace period. During the process of foreclosure, the lender will deactivate the non-paid loan until a trustee sale. Prior to a trustee sale, the borrower can still reinstate the mortgage loan up to five days before the foreclosure auction.

In order to achieve a mortgage reinstatement, the borrower must bring their mortgage note current and pay only with “good funds” the delinquencies including other fees and charges. Once received, the lender will return the loan back into active status.

However, this happens under statutory regulation. In most states, borrowers have the right to reinstate their mortgage before the trustee sale, like for example in California and Oregon. Unfortunately borrowers living in Georgia cannot reinstate their mortgage before the trustee sale.

Foreclosure and the right of reinstatement

On mortgage defaults under a promissory note and deed of trust, the lender has the option to:

• Exercise the power of sale clause in the deed of trust and file a notice of foreclosure against the borrower to the trustee.
• Collect the note due, accelerate payment of the entire mortgage amount and initiate judicial foreclosure.

Typically, lenders prefer foreclosure by a trustee sale because it is hassle-free and less expensive. As a borrower you must know your statutory rights when this happens. There is actually a reinstatement law that applies to both options such that:

Under Arizona Revised Statute Section 33-813(A), the borrower is obligated to pay only “the entire amount then due…, other than the portion of the principal as would not then be due had no default occurred…” Meaning, the borrower (trustor) may reinstate their mortgage (or fix the default under the promissory note) by paying the lender the delinquent dues only, contrary to the belief that the borrower must pay the entire loan amount in order to fix the default and reinstate their mortgage.

In addition, Chapparral Development v. RMED Intern, 170 Ariz. 309, 823 P.2d 1317 (App. 1991), the Arizona Court of Appeals ruled that under A.R.S. Section 33-813(A), a borrower (trustor) has an absolute right to a mortgage reinstatement regardless if a lender forecloses by trustee’s sale or judicially. The difference is:

1. In judicial foreclosure, a borrower’s right of reinstatement is cut off once a foreclosure action is files and the borrower must pay the entire amount owed on the promissory note.
2. In the context of a trustee’s sale, the borrower can reinstate up until 5:00pm on the day prior the date of the auction. However, their mortgage reinstatement rights will be extinguished once the sale is held.

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Article Source:http://www.articlesbase.com/mortgage-articles/what-is-mortgage-reinstatement-understanding-your-reinstatement-rights-1488154.html

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