Posts Tagged ‘how to stop mortgage foreclosure’
Can you stop foreclosure with filing bankruptcy?
August 8th, 2009
Many homeowners have heard that they can stop foreclosure if they file for bankruptcy protection. It is true that filing bankruptcy is a way to deal with foreclosure. Sometimes, bankruptcy can stop the foreclosure process completely while the homeowner works out a deal with his or her bank. Other times, filing bankruptcy just buys time and delays the foreclosure process. There is no guarantee that filing bankruptcy will help with foreclosure but it always buys some time for the homeowner to figure out what to do. But, there are many problems that can occur when you try to file for bankruptcy protection so you need to think carefully before you file the bankruptcy petition.
A debtor who does not have any assets to worry about and has no money to pay the mortgage payments will likely seek bankruptcy protection. To do this, he or she must petition in the bankruptcy court. There are many steps that he or she must follow. Recently, the laws changed to make it harder for people to file for bankruptcy protection. You can still do it if you really need to.
The Automatic Stay
The automatic stay is what a homeowner wants when he or she files for bankruptcy protection. Once the automatic stay is issued by the bankruptcy court, all efforts to collect debts from the bankrupt debtor must cease. That means, creditors have to stop calling you or trying to collect from you by law. Collection agencies, repo men, etc will have to quit what they are doing and leave you alone until the bankruptcy case is heard in court. The automatic stay also stops any lawsuits pending on the homeowner who has filed for bankruptcy protection. Basically, according to the law, once the automatic stay is issued, the homeowner is safe, at least for a while.
The outcome of filing bankruptcy
Depending on the type of bankruptcy filed, the outcome will be different for different bankruptcy cases. In some cases, by filing for bankruptcy protection, a homeowner in foreclosure can stay in his or her home for years pending the outcome of the bankruptcy case. This is why some people refer to filing for bankruptcy protection as a way to live 'rent free' and avoid foreclosure. But, in the end, it is up to the bankruptcy judge to decide the fate of the homeowner's case. If the homeowner is able to work out a deal with the mortgage company, then he or she may be able to work out a payment plan and continue to live in the home. If not, he or she will have to move out after the bankruptcy case is closed.
If you are serious about filing for bankruptcy protection, it is best to find out more about the consequences first. This book is a great resource to help you decide if filing for bankruptcy protection is right for you. The book will tell you the differences between different chapter of bankruptcy such as Chapter 7 and Chapter 13.
The New Bankruptcy: Will It Work for You?
Can you stop foreclosure by filing bankruptcy
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Posted in Bankruptcy, Help to Avoid Foreclosure, Ways to Avoid Foreclosure | 
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The Foreclosure Survival Guide
July 31st, 2009
As we have already mentioned in many posts that there are many options that are available to homeowners who are facing foreclosure. However, you have to act fast. The faster you try to get help, the better your chances of getting out of foreclosure are. One of the biggest problem is that most homeowners in foreclosure are in denial about their situations until it is too late. Many homeowners do not tell anyone, do not ask for any help and just ignore the bank during the foreclosure process. Finally, a day or a week before the foreclosure auction, they speak up and ask for help. By that time, they only have very few options available to them, if any. This book called The Foreclosure Survival Guide: Keep Your House or Walk Away With Money in Your Pocket will help you understand what you need to do if you are going to stop the bank from taking away your home.
"Nolo's just published The Foreclosure Survival Guide: Keep Your House or Walk Away with Money in Your Pocket by Steven Elias "discusses the most recent laws designed to help homeowners deal with the crisis and points them to resources (nonprofit housing counselors, government agencies and so on) that may help," says Mary Randolph, Nolo's senior vice president of editorial.
Elias, a practicing attorney, former Nolo associate publisher and current president of the National Bankruptcy Law Project, advises that readers not panic. "Even if the lender does foreclose on the house, the process takes months at the least. You're going to have time to evaluate your options and make smart choices." (Publishers Weekly )
Bankruptcy attorney Elias targets the estimated two million American homeowners who are currently in default on their mortgages. Elias explains how foreclosure works, what options there may be for keeping a home when in default, and what to do when that is not possible. He includes instruction on negotiating a workout with a lender as well as chapters on how to use bankruptcy to avoid foreclosure. Elias's section on fighting foreclosure in the courts helps readers understand the circumstances in which they may be able to delay or stop a foreclosure action. The appendixes provide summaries of each state's foreclosure laws, a glossary, and information on finding and working with lawyers and bankruptcy petition preparers. Straightforward and timely, this is recommended for most public libraries.
Description
Facing foreclosure? Know your options!
According to Harvard's Joint Center for Housing Studies, "the number of homeowners paying more than half their income on housing rocketed from 6.5 million in 2001 to 8.8 million in 2006... The number of homes entering foreclosure nearly doubled to 1.3 million in 2007 from about 660,000 in 2005."
If you're having trouble making your mortgage payments or are already in jeopardyof foreclosure, The Foreclosure Survival Guide compassionately gives you the practical information you need, step by step.
An essential tool for anyone at risk of foreclosure, The Foreclosure Survival Guide provides key information about:
- mortgages, including adjustable rate mortgages (ARMs)
- short sales
- deeds in lieu of foreclosure
- judicial and non-judicial foreclosure
- credit counseling
- liens, and
- using bankruptcy to deal with foreclosure.
The Foreclosure Survival Guide gathers all the information Attorney Stephen R. Elias has used to help hundreds of clients over 30 years of practicing law and shows you how to deal with foreclosure.
Like many hardworking people facing foreclosure in this rough economy, you deserve answers to your pressing questions. Thorough and easy to understand, The Foreclosure Survival Guide can help you stay in your home or walk away with money in your pocket.
The 2nd edition is updated with the latest federal legislation and bank-implemented foreclosure-delay programs which offer homeowners even more ways to keep their homes.
Buy The Foreclosure Survival Guide: Keep Your House or Walk Away With Money in Your Pocket
Posted in Foreclosure Consequences, Foreclosure Laws, Foreclosure Process, Foreclosure Timeline, Help to Avoid Foreclosure, Real Estate Short Sales, Refinance Foreclosure, Ways to Avoid Foreclosure |
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