Tuesday, December 9, 2008

Stop Foreclosure

By Dunn Perkins

What are some of the advantages of Chapter 13 bankruptcy?
One advantage is the ability to stop a foreclosure on your house, and to have a mortgage that has been accelerated declared reinstated upon bankruptcy plan completion.In Florida we can usually stop a foreclosure and give you an opportunity to catch up the mortgage payments through a chapter 13 bankruptcy so long as we file the bankruptcy before the foreclosure sale. If a summary judgment is entered before we file, this may limit our ability to fight the amount owed, so it is best to file as early as possible in the foreclosure process, or before any foreclosure is filed.Yes.

What kind of people send these letters and can they really help me?
Mortgage Brokers. If there is enough equity in your home they can help you to refinance and stop the foreclosure by paying off your current mortgage in full. This solution often works well, but you must be careful because the interest rate and closing costs on these types of loans can be high.Yes, provided that you have not previously filed bankruptcy cases which were dismissed.

Will the bankruptcy stop creditors from calling?
Yes. The automatic stay law prevents creditors from taking any action to collect debts. When a person gets behind on paying his or her bills, creditors often take various actions to collect. Creditors may call home or work, family, friends, fellow employees or even your employer. Co-signers and guarantors may be called upon to make payments. Mortgage holders and other creditors may initiate foreclosure or repossession of cars, furniture, and appliances or other items.You should now stop making all mortgage payments and real estate tax payments, and make preparations to move within one to three months, depending on whether the court has started foreclosure proceedings.

What if a foreclosure is filed against my home before I file?
In Florida we can usually stop a foreclosure and give you an opportunity to catch up the mortgage payments through a chapter 13 bankruptcy so long as we file the bankruptcy before the foreclosure sale. If a summary judgment is entered before we file, this may limit our ability to fight the amount owed, so it is best to file as early as possible in the foreclosure process, or before any foreclosure is filed.Answer: After a property owner misses several mortgage payments, the owner has a pre-foreclosure grace period of a few weeks to a few months -- depending on the state -- to bring the payments up to date and stop any foreclosure proceedings.

Are you going to tell us to file bankruptcy?
No. Bankruptcy is never a good solution for families who are behind on their mortgage. Bankruptcy may delay foreclosure, but it doesn't stop it and does not save your home.Filing a Chapter 13 will stop your mortgage company from pursuing foreclosure.

Why would I need this service?
If you get sick, you go to a doctor. If you have legal problems, you seek the services of an attorney. When you need assistance with your mortgage, seek the services of a certified lender mediation expert (Certified Loss Mitigation Specialist). This service can not only stop the foreclosure and save your home, it can also save you thousands of dollars.You should now stop making all mortgage payments and real estate tax payments, and make preparations to move within one to three months, depending on whether the court has started foreclosure proceedings. You should however, if possible, retain liability insurance only, in case persons injure themselves on your property prior to any sheriff sale. - 15224

About the Author: