Renters Rights And the Mortgage Forebearance extension

Clark Howard Show
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Automatic TRANSCRIPT

So we have had unprecedented moves over the last year to protect renters and borrowers from facing eviction for renters and foreclosure innovation for borrowers in mortgages and the clock had reached midnight on those programs and there are changes for both borrowers and renner's and there's been so much confusion about this. I want to talk about renters. So as a runner. You don't have automatic protection. You have rights that can prevent innovation but only if you exercise those rights. The rights only extend to people who can demonstrate the have suffered financial harm because of corona virus and. We really have been split as a country. They're tens of millions of people who've suffered extreme hardship with job and the rest and then san tens of millions others of others who actually are in better financial shape almost a year out from the onset of corona virus in the united states than they were before so it is a really story for renters. You have a form you have to fill out that we have a link to it. Clark dot com where you verify the economic hardship you've had you must go to your court dates if your landlord goes after you anyway and the courts are usually doing things by zoom or some other online means. But if you don't appear your landlord even in the midst of eviction moratorium will still be granted relief by the court and you will in fact be evicted. So it's up to you to do the paperwork. Proactively send the paperwork to your land or the landlord pretends to ignore it and files for dispossessed. Ry eviction on you. You must go through the process of protecting yourself in court and also make sure that you keep notes when you notified your landlord the form you provided them. You also provide to the court to assert your rights. The meek do not remain in their apartments. You must stand up for yourself. In the case of homeowners there are more protections because with renner's once the moratorium lifts which is likely this spring that will with at that point. You in theory. You're supposed to pay all your back rent now. That's not realistic right. If you've been unemployed or underemployed for a year but the landlords will be free at that point to move forward with an eviction before moratoriums lift in your financial situation does start to stabilize. I said when not if you want to approach her landlord and see if you can work out a payment plan with them to start working on the back rent otherwise all the eviction moratorium did was buy you time but you still facing ultimate eviction for people that are mortgage borrowers now. That process has split. People who have fha mortgages now have a better blanket of protections then people who have loans that are underwritten behind the curtain by fannie mae or freddie mac. Most people's loans are in fact underwritten by fannie mae or freddie mac the Foreclosure moratorium has been extended ninety more days. Four people with fannie. Mae freddie mac if you are in some kind of forbearance you get ninety days added to that if you need it beyond what was originally a maximum twelve months in the case of fha borrowers you now have protection till early summer till june thirty in order to then work out a new payment arrangement the fha because it is a direct federal agency loan the fha will have fairly standardized procedures. Matt point on what your workout will be how you will eventually make good on the money that you did not pay over the last year in the case of fannie mae and freddie mac there will be a number of different ways that lenders deal with you. They have some Latitude in how they work out. Payment plans with you. The likeliest course that will work for most people is the miss months or full year or so of mortgage payments will be added onto the back of your loan as an additional Months or year or a little more year loan that is for many people going to be the best arrangement but again you cannot be passive. You must be active here and you just don't stop paying and when the moratoriums over you just don't say okay. Everything's gonna be great. You're the one who's got to be active with your lender on coming up with a workout arrangement. What they do in commercial real estate all the time with commercial mortgages are workouts and you will be doing Work out of your mortgage where it works for you and the lender.

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