BEST ANSWER
The way to handle this matter will greatly depend on who the lender is. By your answer, it does not sound that is a small private lender, but an institution or bank of sorts. Depending on their size, they may have different departments that handle situations like yours.
Typically, you will receive help when your income stabilizes. As long as your income is unstable, they'll know that no matter what agreement they reach with you today - your situation can change again tomorrow forcing you to miss a payment again. That's not what they're looking for.
The first steps for you to take is to replace your current income source with a more stable one (of course...I'm aware we're in the middle of the worst recession in decades and how bad things are in Orlando - I have family there).
Secondly, make sure you have completely eliminated all unnecessary expenses or reduced others you feel you can't do without. In other words, re-evaluate your priorities and make tough decisions (don't do what our government does...the money you print could land you in jail) :-)
Thirdly, visit the lender's website and make sure you find and follow their links for helping folks in your situation. Talk to them about your alternatives.
Fourthly, find related local and federal government websites that provide you links for sources of public assistance. BE CAREFUL here because there are a LOT of "official-sounding" websites out there that are NOT affiliated with any local, state or federal government agency.
Try: http://www.HUD.gov, http://www.USTreasury.gov and other local (Orange / Orlando) government websites like for the property assessor's office (they can be found in your recent property tax notice or blue pages in your phone book). Your local public library may have sources of information and links you can visit.
Fifth...speak to a competent real estate attorney (contact me for a great legal group), about your possibilities. Although difficult, only a competent attorney can perform a proper forensic review of your loan documents and determine how to best help you.
Sixth, consult a competent CPA to study the tax consequences of your possible outcome. You may also visit the IRS website http://(www.IRS.gov), to find out how they treat forgiven debt.
Finally, consider working with a professional Realtor (remember, not all real estate agents are Realtors - members of the National Association of Realtors who adhere to a strict Code of Ethics),and in particular, find one additionally trained in the area of distressed property sales like a Certified Distressed Property Expert in your area http://(www.CDPE.com).
Although you may have other options, determining whether you want to (or even whether you can), stay in your house or not will help you figure out the best course of action.
If you don't care to stay any longer...a Short Sale may be a great option (again, consult the right professionals). If you want to stay, there may be other options to avoid foreclosure, including bankruptcy.
Whatever you do, remember that it is the "job" of those answering the phone at your lender's to make every effort (within reason - visit the Federal Trade Commission website for consumer protection tips at http://www.FTC.gov), to collect a debt. Don't take their attitude personal or too much to heart (I know it is difficult...I've been there). It's a lousy, heartless job but it's just what they get paid to do.
Keep your cool, think through your situation and make sure you don't ask your neighbor, barber, beauty consultant or even your doctor or divorce attorney what to do with your real estate problems. Consult the right professionals, get several opinions, read a lot and get informed and involved. You can overcome this!
Mark Twain once said: Luck, is When Preparation Meets Opportunity. Prepare and get ready to take control of your luck.
All the best...
Wed Dec 16 2009, 12:10