Recourse to stop foreclosure refinancing is one way of successfully wriggling out of the Damocles' Sword of foreclosure, which engenders not only forfeiture of property but also financial credit rating.

Foreclosure becomes a possibility when a borrower fails to make payments on account of a bad financial situation arising from unforeseen circumstances like death of spouse, loss of job, illness, accidents, divorce, etc.

Financial prudence, topped by personal credit rating considerations, compels one to stop foreclosure at all costs. The borrower cannot stand on ceremony and ignore the eventuality, but he/she has to approach the bank, who is the lender, and seek avenues to repair the situation.

Responding positively to convincing plans to revamp his/her finances with the prospect of making future payments fool-proof, the bank could make amends.

One way is to refinance the existing mortgage by modification of the mortgage.

For this, credit-worthiness of the borrower is a condition for the bank to allow refinancing. The bank should be convinced that the current income would take care of prompt payments for the modified mortgage for which the refinancing was being provided.

Modification of the mortgage by refinancing is desirable when the borrower has not less than 30% equity in the home or property, whichever is the collateral.

More equity means longer-term maturity of the mortgage, resulting in lower interest rates for the modified deed than the interest rates on the original mortgage.

This would facilitate smooth monthly payments for the borrower, as per terms of the refinance, and be a welcome relief to the victim, who was earlier under threat of foreclosure.

Refinancing of the debt is mutually beneficial as the borrower would not lose his property and reputation and the bank would not have to go in for the last resort.

Otherwise, by deed-in-lieu of foreclosure, the bank would take over the property and deal with it as a real estate owner.