Homeowners Tip: Notice of Pre-Foreclosure Options

Foreclosure signThe Foreclosure Fairness Act went into effect in its current form in July 2012. The better-known component of this legislation is mediation, which can only be requested by an attorney or housing counselor and only after a homeowner receives a Notice of Default. The lesser-known part of the law is that homeowners have options before the Notice of Default and mediation.

If you miss payments on your mortgage, lenders can issue what is called a Notice of Pre-Foreclosure Options (NOPFO). When you are late on your mortgage payment, it can be easy to get overwhelmed with the letters and paperwork your lender sends. But if you don’t open and read everything, you may miss an important opportunity to work with your lender and buy yourself some time to avoid foreclosure. This notice can be easy to miss because you will actually not see these words on the first page. Instead the first page will say “Important Rights for Homeowners.”

The notice gives you the right to request a meeting with your lender – referred to as a “meet and confer” session – to discuss options to avoid foreclosure. Unlike mediation, a there is no neutral third party involved, and borrowers can request the meeting themselves. In addition to allowing for the meet and confer, this notice can also extend the foreclosure process by another 60 days.

Simply receiving the notice doesn’t guarantee you these rights. They are only available if you respond to the NOPFO within 30 days of the date listed on the notice. The notice will give you two ways to request the meeting, either in writing or by phone. We suggest that you respond in writing by certified mail so you have a record of it. Here’s some sample language you can use to write your own letter.

Your lender should contact you to schedule a meeting after they receive your response to the NOPFO. The best way to use this time is to submit your loan modification request beforehand so the lender has a chance to review it. This allows the meeting to focus on your specific situation, rather than just general options. Solid Ground’s housing counselors can help you prepare this packet for submission and represent you at the meet and confer session.

The meeting may result in a decision about eligibility for a loan modification or other options, or the lender may outline additional documents needed for review. If there is no agreement reached at this meeting, the lender can continue with the foreclosure process and issue a Notice of Default.

 If you have questions about this or any mortgage related issue, you can contact us at 206.694.6766 or by email at housingcounseling@solid-ground.org. Solid Ground is a HUD-approved housing counseling agency and provides mortgage counseling at no cost. Visit our Mortgage Services webpage for more information.

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4 Responses

  1. […] Homeowners Tip: Notice of Pre-Foreclosure Options. […]

  2. […] options such as short sale and foreclosure sale will have the biggest hit on your credit because of the level of delinquency and failure to […]

  3. How can a mortgage servicer send you this letter when you are not and have never been late or missed any payments? I just got one today, and am angry as hell.

  4. Betty: Sorry that do to some staff turnover we have not been monitoring these comments and questions as closely as we might. I have alerted staff to your questions and hope to get answer soon. You might also try calling the Tenants Union at (206) 723-0500

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