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Thursday, February 25, 2010

I’ve fallen, can you help me find my way!

Are you like many of my clients where the last few years have not been kind to your finances? Do you owe more on your home than what it would sell for in today’s market? Have you been exploring your options; loan modification, deed-in-lieu, short sale, foreclosure or gutting it out and wait for the market value to return? With such a dizzying array of choices, all with serious repercussions, where should you start?

Seeking the wisdom of professionals well versed in today’s ever changing real estate landscape is your best chance to make the best of an unfortunate situation. Real estate agents/brokers are on frontline in this battle and can help provide direction and insight to current market conditions but few are licensed to practice law or give financial advice. The advice of a real estate attorney and a certified public accountant is essential to mapping out a strategy that could affect your finances for the next twenty years.

While most folks who find themselves in this ever evolving nightmare cannot begin to afford a $275 an hour attorney or accountant, there is alternative help available. Here are a few contacts to start with; Legal Aid Services of Oregon, LASO, 541-385-6944 for the Bend office or visit their web site at http://www.lasoregon.org/. Another option is Free Legal Aid at http://www.usattorneylegalservices.com/; this website will refer you to LASO, but also has a lot of good resources that will help depending on what path you take. The Free Legal Aid site has good examples of a sample hardship letter, debt settlement letter and more. Last but not least there is Neighbor Impact their mission is to help the economically disadvantaged in our area. Neighbor Impact offers mortgage default counseling amongst several other financial counseling programs. They can be reached at 541-548-2380 or visit their website at http://www.neighborimpact.org/.

No matter the path you chose, start your journey by collecting and organizing your financial information. Being prepared to provide the most intimate details of your finances will lessen the stress involved in discussing and planning your exit strategy.

You will need to collect a list of your income, assets and liabilities. Two months is the standard for providing pay stubs, bank, mortgage and other monthly statements. Have complete tax returns for the last two years at the ready. In your packet include all correspondence from your lender(s) pertaining to foreclosure of your property; if you have received a Notice of Default include it too. Rounding out your information packet, draft a letter that describes why you are in financial hardship. To say that your house is no longer of the value it once was will not suffice as a reason for your hardship, though it may be a large contributor to your situation.

Mentally prepare yourself for journey of twist and turns that will take months and possibly years to complete. Be strong as all things do pass and life will get better.