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Stop Hawaii Foreclosure

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Foreclosure is a very serious matter, your now receiving all sorts of letters in the mail from different companies all telling you that they can help you. They can be very confusing.

Many companies will make big promises. For example, if a company tells you that they can lower your rate to a specific interest rate, lets use 5.25% as an example, chances are they are not being straight with you. Interest rate reductions are a moving target, nothing is set in stone until the mortgage company signs off on it. Another red flag is how a company accepts payment for their fee's. If they only accept payment by Western Union or cashiers check, this means that you have no recourse in getting your money back. Which is exactly the way they want it. Reputable companies accept debit cards as payment for services. By accepting debit cards (not paypal) this means the company has a merchant account and YOU have recourse through your bank. Qualifying for a merchant account requires that a company has been in business for at least two years with a good history. If you want to find out how long a company has been in business, a good way to check is by checking out when the their internet domain name was registered. Many companies put together a impressive website and then when the authorities start coming after them they simply register a website under a different name. You can check a websites creation date by going to www.betterwhois.com. Chances are you will find that they have registered the domain name within the last year or so. Do you want to trust your home to someone with little to no experience?

Just Walk Away
It has come to our attention that some organizations are advising people on the phone and by mailers to home owners, to just walk away and let it go to foreclosure. It appears the organizations behind this campaign may be groups of investors that want to buy your property cheap at auction. This can be devastating for home owners in many states, as the home owner is responsible for the deficiency, which means if you owe $225,000 on your loan, and your home sells for $100,000 at auction, you're on the hook for the $125,000 difference. They can garnish wages to get it. This means the investor gets a great deal and the homeowner gets a huge bill as they are being kicked to the curb.

Private Investors/Lenders:
They will tell you that they will bring your mortgage current and payoff all back fees to save your home, and they will too, for a price of coarse.

In order for them to do that you must " quick Deed" (sign over your home to them in their name). In turn they will gladly lease your home back to you with 15-20% higher payments for maybe 1-2 or 3 years until they have made their investment back. Then they will agree sign your home back to you. Sounds good so far right? But here's the trick.

In the contract that you sign, always somewhere in the fine print. It will say if the leasee (you) are 24 hours late with your monthly payment within the duration of your contract, that the lessee (you) must evacuate the premises. Usually within 5 - 7 days. Over 90% of homeowners that fall for this trick end up losing there homes. These investors all know that you've had payment problems in the past, that's why they prey on homeowners in your situation. Next thing you know your family is out on the street, with no home or hope and the investor just tricked you out of your $150,000 home that cost them only $4,000 to $5,000 so PLEASE BEWARE, don't do it.

New Loan:
you to take out another loan (it sounds good on the surface but you'll pay much, much more in the long run). You have to start of a new loan from the beginning, you eventually lose all of your equity. All of your past payments are just wasted. You gain nothing. Don't fall for it.

Bankruptcy:
Don't do it! It will only save your home temporarily. Big rouble awaits you around the corner. Everyone says "file for bankruptcy it's easy don't worry we can get you squared away". Yea right. Do yourself a huge favor Don't do it!!

If you truly would like to save your home and have your case handled correctly, call the professionals. We will evaluate your case for free and inform you of your rights as a homeowner. We will introduce you to the many options that are available to save your home. To get your free evaluation either fill out a short questionier by clicking here or call now, 1-888-209-1424.



NEWS ALERT!!!

If you are in foreclosure, this article is a MUST READ!!!

For information about the new goverment bail out program click here.


Hawaii Foreclosure Process
If you do not FULLY understand the foreclosure process outlined on this page and how it may apply to you please take advantage of our FREE consultation by clicking here.

Judicial foreclosure available: Yes

Non Judicial foreclosure available: Yes

Foreclosure in Hawaii takes one of two forms: (1) judicial foreclosure by a lawsuit much like any other lawsuit or (2) sale under a power of sale clause in the mortgage.

Preferred Method:

Judicial foreclosure is the preferred method in Hawaii. Although trust deeds are available, they are not commonly used.

Judicial Foreclosure

In a judicial foreclosure, the Circuit court may assess the amount due on a mortgage, without a jury, and render judgment for that amount and an order of foreclosure on the mortgage. The actual sale of the property will take place in the same way as normal execution sales.

Non-judicial Foreclosure

Preliminary Notices

Advertising

Out-of-court foreclosures must be published, in English once per week for three consecutive weeks. The last publication must be run no less that 14 days before the sale date.

Mailing

Mortgage creditors having a mortgaged lien against the property that another mortgage creditor intends to foreclose on under a power of sale clause may, if a written request is given to the foreclosing mortgage creditor, receive notice of the lender’s intent to foreclose. The foreclosing lender must mail the notice to the other mortgage creditors at least seven days prior to the date of the sale.

Sale

The highest bidder at the foreclosure sale buys the property.

Post-Sale Matters

A buyer at the foreclosure sale holds title subject to the existing liens. Any surplus from the sale shall be paid over to the owner of the mortgaged property.

Special Procedures

A notice of any foreclosure on a condominium apartment must be sent certified or registered mail to the association of the condominium. This notice must be sent at the time the lender begins foreclosure proceedings. This provision may not be waived.

Redemption

Redemption rights have been abolished in Hawaii.

 


This information is a general overview of the Hawaii foreclosure laws. We don't guarantee or imply it's accuracy as house foreclosure laws can change. Please contact us directly at 1-888-209-1424 we would be happy to assist with any stopping foreclosure questions you may have.

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