Selling Your House During Foreclosure in Louisiana
In Louisiana, you have the option to sell your house to avoid the foreclosure process. However, certain laws and regulations must be followed to ensure a legal and fair sale.
According to Louisiana law, the process begins after an owner has missed three consecutive mortgage payments. After the foreclosure is initiated, the owner has the right to sell the house up until the point that it’s sold at a foreclosure auction.
On a positive note, if you can sell the property for an amount that’s greater than the outstanding balance on your mortgage, it’s possible to avoid foreclosure and even make a profit.
What Is Foreclosure?
When you take out a mortgage to buy a house, you agree to make regular payments to the lender until the loan is paid off. If you’re unable to make the payment, you face foreclosure, which is a legal process that occurs when someone is unable to keep up with the payments.
Legally, if the homeowner stops making payments, the lender has the right to take possession of the house or an estate and sell it to recover the outstanding debt. This process is known as foreclosure.
Foreclosure has serious consequences. Not only you can lose your home, but your credit score is severely impacted, making it difficult to obtain credit in the future. From a social perspective, it can negatively impact the surrounding community, as vacant properties can attract crime and lower value of adjoining homes.
Judicial and non-judicial foreclosure are commonplace. In a judicial foreclosure, the lender must file a lawsuit against the homeowner to take possession. The owner has the opportunity to contest the foreclosure in court. On the other hand, in a non-judicial foreclosure, the lender follows a specific process outlined in state law to take possession of the real estate without going to court.
Foreclosure can be a complicated and stressful process. Fortunately, there are options available to avoid foreclosure, such as loan modification, refinancing, or selling the house. Therefore it’s important to understand the process, which includes recognizing your legal rights and options.
How Does Foreclosure Work in Louisiana?
The foreclosure process in Louisiana is primarily governed by the Louisiana Civil Code, which provides detailed procedures and requirements for both judicial and non-judicial foreclosures.
The foreclosure process in Louisiana usually begins if you fail to make a mortgage payment. If you miss a payment, the lender will send a notice of default, which informs the borrower that you are in default while giving some time time to rectify the problem. If you’re still unable to find a solution, the lender can then initiate legal and court proceedings.
During the process, the lender will typically auction off the property to recoup the losses. If it goes to auction and the sale does not generate enough proceeds to cover the outstanding debt, the lender may be able to seek a deficiency judgment against you for the remaining balance.
If you’re facing foreclosure in Louisiana, there are several options available to you. For instance, you may negotiate with your lender, seek assistance from an agent, file for bankruptcy, sell the real estate, or contest the foreclosure in court.
In such cases, it’s important to act quickly, as the process can move quickly. Always seek assistance from a housing counselor, agent, or attorney who will help you understand your options and help make an informed decision about how to proceed.
The Process of Selling a House in Foreclosure in Louisiana
If you live in Louisiana, following are the steps that go into selling a home before foreclosure proceedings are finalized:
- Determine the amount owed: Before selling a house in foreclosure, it’s important to determine the amount owed on the mortgage, including any fees or interest that have accrued. This will help you evaluate a fair asking price.
- List the property for sale: Once you have determined the amount owed, you can list the home for sale with a real estate agent or do it yourself. It’s important to disclose that the sale may be subject to additional fees or legal proceedings.
- Negotiate with the lender: If you receive a buy offer, you will need to negotiate with the bank to determine how the proceeds from the sale will be applied to the outstanding debt. In certain instances, the lending institution may agree to accept less than the full amount owed to avoid the time and expense of foreclosure proceedings.
- Close the deal: Once you have negotiated with the lender and received an acceptable offer, it’s time to proceed with closing the sale. The proceeds from the sale will be applied to the outstanding debt, and any remaining balance will be paid to you.
- Vacate the property: If you’re still living in your home at the time of sale, you will need to vacate it once the sale is finalized.
Obstacles When Selling a Home in Foreclosure in Louisiana
While it may seem that selling a home is the best way to avert legal proceedings and sheriffs sales, you may face several obstacles when attempting to sell a home.
One of the biggest obstacles is the timeline. Foreclosure proceedings can move quickly in Louisiana, and house owners may have a limited amount of time to sell before an auction takes place. This can make it difficult to find a buyer and negotiate a fair price for the property.
When a property is in foreclosure, it may be subject to additional fees or legal proceedings, which can make it less attractive to potential buyers. Additionally, the house may have a stigma attached to it, which can further limit the pool of potential buyers.
From a legal standpoint, you may need to obtain approval from the court or the government authority before selling your property. If there are any liens or judgments against the house, these will need to be resolved before the sale can be completed.
Even if everything else is in place, negotiating with the lender can also prove an obstacle when selling a home. Some lenders may not negotiate with homeowners who are in default insisting that they pay the full amount before thinking about selling a home. This can make it difficult for homeowners to find a buyer who is willing to pay the asking price.
Despite these obstacles, you can still sell your house by seeking assistance from a real estate agent or attorney who can help navigate the process quickly and avoid getting evicted.
Options Other Than Selling a Home in Foreclosure
You don’t need to sell your home to avoid foreclosure proceedings. Fortunately, there are several options available to anyone facing foreclosure in Louisiana other than selling the home. Let’s take a look into these alternatives:
If you own a home in Louisiana, a loan modification may be a viable option to help you avoid losing your home. Loan modification makes your mortgage payments more affordable by changing the terms of your existing mortgage.
The new payment terms can include reducing the interest rate, extending the repayment period, or changing the type of loan. By making your mortgage payments more manageable, you’re more likely to keep up with your payments and avoid defaulting on your loan.
A loan modification can also help you if you’re experiencing financial hardship due to job loss, illness, or other circumstances that are beyond your control. By working with the mortgage company to modify the loan, you can avoid the time and expense of foreclosure proceedings and stay in your home.
It’s important to note that loan modification is not guaranteed, and you will need to demonstrate that you’re able to make the modified payments on time.
Refinance Before Foreclosure
Refinancing your mortgage is another viable option to help you avoid losing your home. Refinancing involves replacing your existing mortgage with a new one that has more favorable terms, such as a lower interest rate or a longer repayment period. These new payment terms can help you reduce your monthly mortgage payments making them more manageable.
If you’re considering refinancing before foreclosure, make sure to act quickly. It’s important because sale proceedings can move quickly in Louisiana, and you may have a limited amount of time to refinance before the sales auction. Also, refinancing gets more difficult if you have already fallen behind on your mortgage payments or have a low credit score.
To refinance the mortgage, you’ll need to apply for a new loan and provide documentation of your income, expenses, and other financial obligations. You’ll also need to have your home appraised to determine its current value. If your home has lost value since you purchased it, lenders may be hesitant to provide a loan that exceeds the value of the property.
If needed, you may need to contact your mortgage provider and provide documentation of your financial situation. This can include proof of income, expenses, and other financial obligations. Since refinancing takes time, it’s recommended to seek assistance from a housing counselor agent to get things moving quickly.
Get a Deed instead of Foreclosure
If refinancing seems complicated, getting a deed in lieu of foreclosure is a good option to consider. A deed in lieu of foreclosure is when the owner voluntarily transfers ownership to the lender in exchange for being released from the mortgage obligation.
To get a deed in lieu of foreclosure, you’ll need to contact your lender and express your interest in pursuing this option. The lender will likely require that you provide documentation of your financial situation, including proof of income, expenses, and other financial obligations. At this time, the mortgage provider also needs to conduct an appraisal to determine the current value.
The deed may not be available to everyone in Louisiana, and it’s often not the best option for everyone. For example, if there are any liens or judgments against the property, these will need to be resolved before the transfer can take place. Additionally, a deed in lieu of foreclosure can have long-term consequences for your credit and financial situation.
A short sale is yet another good option for house owners who owe more on their mortgage than the real estate is worth. A short sale is when the lender agrees to accept less than the full amount owed on the mortgage to avoid the time and expense of foreclosure proceedings.
To pursue a short sale, contact your lender and express your interest in pursuing this option. The lender will require that you provide documentation of your financial situation, including proof of income, expenses, and other financial obligations.
In a short sale, the owner must also find a buyer who is willing to pay the agreed-upon sale price.
Once a buyer is found, the homeowner must submit an offer to their mortgage provider. The lender will review the offer and determine whether or not to accept it. If the offer is accepted, the sale can proceed and the proceeds of the sale are used to pay off as much of the mortgage as possible.
Louisiana Foreclosure Resources
Here are some resources that can help you face foreclosure in Louisiana:
Louisiana Housing Corporation: The Louisiana Housing Corporation offers a variety of programs and services to help homeowners who are facing foreclosure. They can provide assistance with loan modifications, refinancing, and other prevention options. You can visit their website at www.lhc.la.gov or call them at (888) 454-2001.
Louisiana Civil Justice Center: The Louisiana Civil Justice Center provides free legal assistance to low-income homeowners who are facing foreclosure. They can help with foreclosure defense, loan modifications, and other legal issues. You can visit their website at www.laciviljustice.org or call them at (504) 355-0970.
Louisiana State Bar Association: The Louisiana State Bar Association can provide referrals to local foreclosure attorneys who can assist with foreclosure defense and other legal issues related to home-ownership. You can visit their website at www.lsba.org or call them at (800) 421-LSBA.
Selling a House in Foreclosure in Louisiana – Common Questions
Since foreclosure is a somewhat difficult concept to grasp, here are some common questions that can help you make a more informed decision:
How long does it take to foreclose on a house in Louisiana?
In Louisiana, the foreclosure process can move quickly. The timeline for foreclosure can vary depending on the circumstances but typically takes around 180 days. This includes a 60-day pre-foreclosure notice period, followed by a 30-day notice of acceleration and a 90-day redemption period.
How do I stop a foreclosure auction immediately in Louisiana?
To stop a foreclosure auction immediately, you can file for bankruptcy. When you file for bankruptcy, an automatic stay is put in place that stops all collection actions, including foreclosure proceedings. This can give you time to work with your lender to find a solution to your mortgage issues. However, remember that bankruptcy should be considered carefully and is not always the best option for everyone.
Does Louisiana have the right of redemption after foreclosure?
Yes, Louisiana does have a right of redemption after foreclosure. This means that homeowners who have lost their home to foreclosure have the right to redeem the property by paying the full amount owed on the remaining balance, plus any additional fees and costs associated with the foreclosure. The redemption period in Louisiana is typically 90 days but can vary depending on the circumstances.
Can I sell my home if I’m behind on my mortgage?
Yes, you can sell your home if you’re behind on your mortgage. If you owe more on your mortgage than the real estate is worth, you may need to pursue a short sale or other foreclosure prevention option. In addition, if there are any liens or judgments against the real estate, these will need to be resolved before the sale can be completed.
Easiest Way to Sell a House in Foreclosure in Louisiana
If you want to avoid all these hassles, sell your home to a cash buyer!
Cash home buyers are typically real estate investors who can purchase your home quickly and without the need for financing or inspections. This can help you avoid the time and expense of traditional home sales.
When you sell your home to a cash home buyer, it’s possible to close the sale within a matter of days or weeks, rather than waiting months for a traditional sale to be completed. Moreover, cash home buyers may be willing to purchase your home as-is, without the need for repairs or updates. This can help you avoid the expense of making repairs or updates to your home before selling it.
Since cash buying doesn’t involve middlemen, you can save on closing fees and various real estate transactions. Ultimately, a reputable cash home buyer can offer a fair price for your home that is in line with the market value.
If you have further questions, contact – JiT Home Buyers
These findings apply to all cities in Louisiana including: New Orleans, Baton Rouge, Metairie, Marrero, Kenner, Lake Charles, Lafayette, and more!