To escape foreclosure of property by mortgagers, citizens often opt for a forbearance that allows them extra time to repay the money.
“Can I sell my house while in forbearance to enable me to repay the mortgage and move to a more economical apartment?” is a logical question that deserves an answer.
This article explains the concepts of mortgage forbearance and foreclosure and gives you a rational reason to either sell or not to sell your house while in forbearance.
Let’s head right in.
What is a Mortgage
A mortgage is a worthy financial agreement between a borrower and a lender that gives the lender the legal right to repossess a property when the borrower fails to repay a loan.
Mortgages are often collected to purchase long-term assets like homes and cars. Mortgages can also be taken for financing a person’s education, but the collateral has to be a tangible property that can be repossessed.
A more significant percentage of people in America who pay for homes do so with a mortgage. This is mainly for those who cannot readily provide the total amount for the house of their choice.
A mortgage becomes necessary if you can’t pay for the total cost of a home at once from your pocket.
However, some cases necessitate mortgaging your home even though you have the total amount of money.
A good example is the case of investors.
When people make huge investments requiring extra cash, they often sometimes mortgage properties to get some money to fund the investments.
You should be careful not to confuse a loan with a mortgage. These two, though closely related, mean different things.
A loan can be defined as any financial transaction involving the receipt of a lump sum with an agreement to pay the money back within a definite time.
On the other hand, a mortgage is a kind of loan collected to pay for a property.
Therefore, you can rightly infer that a mortgage is a property loan. Also, mortgages are loans, but not all loans are mortgages.
When Mortgages are not repaid on time, two things can be done:
- Repossess the Property
- Request for a Forbearance
Repossession of the property is done by the lender against the defaulting borrower. At the same time, the request for forbearance is a legal way the mortgager can request an extension of the payment period.
Repossessing a Property
As we explained in the previous paragraph, a repossession only happens when a borrower falls short of repaying the mortgage loan at the agreed date.
Repossessing a property involves obtaining an order for possession from a recognized court of law.
As a lender, after obtaining the possession order, you should also ask for an eviction warrant to legalize your act of evicting the occupants of the property.
With an eviction note, eviction is done by bailiffs who cannot be challenged.
Once you, as a lender, have regained possession of the property, you can sell the property to recover the capital lent to purchase the home.
It is often confused as repossession is the word “foreclosure.”
Foreclosure is a kind of repossession but not the strict meaning of repossession.
In a repossession, the mortgagor (borrower) has rights to extra profits that might accrue to the sales of the home, while in a foreclosure, the court orders that the mortgagor has no benefits after sales.
Foreclosure vests the property in the mortgagee (lender), with the mortgagor (borrower) having no right to any surplus from the sale.
This remedy is a harsh one and can sometimes be opposed as injustice. Therefore, courts seldom allow it.
Requesting a Forbearance
The definition of forbearance implies that forbearance is an appeal to temporarily postpone the repayment of a mortgage or loan.
Forbearance is often requested and permitted for particular loans like mortgages or student loans.
Every kind of lender and creditor usually grants forbearance as a preventive measure against the forced foreclosure of a property.
They also offer forbearance to prevent the declaration of bankruptcy by a debtor, which automatically makes the lender lose money.
Banks and companies that offer loans are often willing to agree to a forbearance plea because the losses typically fall on them in the event of bad debt.
The terms of a forbearance agreement must be an amicable conclusion between the borrower and the lender.
A borrower will get a forbearance agreement depending on the likelihood that the borrower will be able to continue payments once the forbearance period is over.
The lender can approve a total reduction of the borrower’s payment if the situation looks bleak.
However, the lender can activate just a partial reduction.
A partial or complete extent reduction depends on the borrower’s need and the lender’s confidence in the borrower’s ability to continue payment after the forbearance period.
Can I Sell My House While in Forbearance
Yes, You can sell your house while in forbearance.
You can sell your house while in forbearance if you meet the conditions that allow for sales during forbearance.
Yea. You cannot just sell your house once you have the forbearance permit.
Even though we have said that you can sell off your house while forbearance, you don’t have to unless it is necessary.
If you have equity in your home, you should reconsider your sell-off decision.
Statistics show that 7% of those who left forbearance agreed to pay off their loans by selling their homes.
You also need to know that if you’re underwater on your mortgage — meaning that you owe more than the cost of your home— you won’t be able to sell your house as usual, but you can work out a way.
Conditions to Sell My House While in Forbearance
It is essential first to understand the situation.
Various conditions necessitate the selling of your house in forbearance, and you need to consider them before opting to sell.
If you are worried about being able to resume the monthly payments at the end of the forbearance period, then selling the house isn’t a bad idea.
If you are also selling to take advantage of rising home prices, then trading in forbearance isn’t bad.
It could guarantee you repayment of the mortgage.
If you also need to leave your present location, maybe relocating permanently to a new area, then sales of your house are fine.
Otherwise, you should try to repay your mortgage and retain your home.
Remember that if your house is less than the cost of the mortgage, you can not sell it off.
Remember that forbearance is a short period in which the lender expects that you would have recuperated from financial issues to resume repayment of the loan.
If you need to sell your house while in forbearance, you should.
We hope this article answers your “Can I sell my house while in forbearance” question.