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Frequently Asked Questions
I've missed mortgage payments, what might happen? Your home may undergo the foreclosure process, but there are ways for you to prevent this from happening. In California, you must be 90 days in arrears before a foreclosure can begin.
What should I do when I'm behind on my mortgage payments? Don't wait, get help right away! By being proactive to resolve the issue as soon as possible, you definitely increase your chances of avoiding the loss of your home through foreclosure, and altogether making the best choice in your current circumstance. If you even see the possibility of missing a payment, contact your lender and explain your financial situation. This act of initial contact, before letters of delinquency or a notice of default arrive, will help your lender understand that you are facing issues that impede your payments, providing your lender an incentive to find a proper "work out" resolution, or to begin modifications to your loan. Plus it gives you time to assess your options.
What is a "work out" resolution? Commonly, the term "work out" resolution is an agreement where you continue making payments on your past due amount over a period of time, or a modification to your loan to lower your interest rate, or an extension loan period that will help lower your payments.
I am in the foreclosure process, should I stay in my home or leave? Abandoning your property may have negative consequences on your qualification for assistance. Even if you home had already been foreclosed on, you will still be given time to leave. But best to contact us right away, so we can help you determine your best option, including consideration of a short sale.
Why would my lender rather help me stay in my home than foreclose?
Most times, the lender will take substantial financial losses, on average, as much as $50,000, from a home foreclosure. Mortgage companies are not interested in owning and selling homes, as it is not their business. For this reason, most lenders will prefer to avoid a foreclosure also and will assist you in doing a short sale.
Am I protected from the bank coming after me for the deficiency under a short sale?
As of July 15, 2011 the California legislature enacted a new law protecting this from happening for any property with up to 4 units, whether it is a first or second mortgage, a refinance or not, an investment property or not. In some instances however, if the bank decides to do a judicial foreclosure, you may still be liable for the deficiency. So it is important to consider a short sale.

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Timothy Toye Timothy Toye & Associates Cobb Village Center 16360 Hwy. 175 Cobb, CA. 95426-1353 Office: 707-928-6900 24-Hour Direct Line: 707-928-5912 Fax: 707-928-5696 Email: Timothy@TeamToye.com

Lake County's Leading Real Estate Team covering the whole of the County including Cobb, Middletown & Hidden Valley Lake, Clearlake Riviera, Jago Bay, Riviera West, Buckingham & Riviera Heights, Kelseyville, Lakeport, Lower Lake, Clearlake Oaks, Nice, Lucerne and Upper Lake, as well as lakefront, ranches and acreage properties.
Timothy has more than 26 years experience successfully selling real estate both in California and the US, as well as in his native land of New Zealand. He has assembled a powerful team of experienced Realtors, operating on specific professional principles, with full marketing and administrative assistance to ensure that you have a successful real estate experience.
He has extensive management, real estate investment and marketing experience, having worked and consulted with Best Image Marketing, the top Internet marketers for Realtors in North America, and located in Lake County. The other members of the team complement this experience.
Timothy is both a high individual producer, having closed as many as 130 transactions in a year, including selling more properties than any other Realtor in the County from 2004 to the present, as well as a skillful sales manager & trainer.
In 1990 he led his sales team to the #1 residential sales production award in the whole of New Zealand. He and his team have invested personally in real estate extensively in many different kinds of property including single family homes, fixer-uppers, apartment buildings and raw land. They have bought several properties 'creatively' with no money down.
Team Toye, the most productive real estate sales team in Lake County in 2009, and in 2011 we have represented more buyers than any other real office in the county, brings a combination of personal skills, in-depth experience, and positive principles of professional practice
to ensure your real estate experience is as positive and beneficial for you as possible.



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