Review the Making Homes Affordable (MHA) programs. If your servicer (the financial institution that collects your mortgage payments) participates in program, and you are eligible, you may avoid a foreclosure.
Home Affordable Foreclosure Alternatives Program (HAFA)
The foreclosure process is expensive for all parties concerned, and the cumulative effect of many foreclosures can depress housing prices. To stabilize the housing market, the Obama administration created the MHA initiative. One program in MHA is Home Affordable Foreclosure Alternatives (HAFA). HAFA sets guidelines for short sales and deeds in lieu of foreclosure for distressed homeowners. If your servicer participates in HAFA, then the servicer must follow HAFA's guidelines and deadlines. The guidelines provide financial incentives for both servicers and homeowners. The homeowner must also be eligible for the Home Affordable Modification Program (HAMP) as set forth by the program guidelines.
Foreclosure
Foreclosure is the legal process through which a lender (most typically a mortgage lender) claims an asset from the homeowner who has defaulted on their mortgage payments. Because foreclosure is expensive and usually results in a poor return, lenders do not like foreclosure any more than homeowners do. Accordingly, learn more about stopping foreclosure, including the HAFA program, which is a federal program offering financial incentives and guidelines to lenders and homeowners to avoid foreclosure.
Georgia Mortgage Foreclosure
If you do get foreclosed upon, Georgia Code, Title 44 § 44-14-161 indicates the servicer may pursue the deficiency balance. If this occurs and you do not have the assets to pay the deficiency, you should consider bankruptcy. Bills.com has numerous articles on bankruptcy from terms to types.
For the benefit of readers residing in other states, see the Bills.com resources on mortgage foreclosure in California, Illinois, Michigan, Nevada, and Virginia.
Recommendation
Do not leave the house yet. Try to negotiate further with your lender. Even if you inform the mortgage company of your intentions to leave (in writing via certified mail), you will still potentially be responsible for the property and any damage or injury that may occur. Consider maintaining homeowners insurance until this title changes hands. Until the actual title of the property is in the servicer's name, you are the legal property holder and may be responsible for damage or loss. Speak with an attorney in Georgia who has experience in real property to review your mortgage documents and the laws regarding foreclosure and deficiency balances.
