Saturday, December 13, 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.

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.

What if I have poor credit?
No problem at all. In fact, your credit history is irrelevant. We know how mortgage lenders think, and we negotiate with them on your behalf without any reference to your credit rating. Once we stop foreclosure and save your home, we've also put you on the road to a better credit rating in the future.Chapter 13 is called "debt adjustment." A Chapter 13 is a repayment Plan where you pay back all or part of your debts over time, up to five years.

How long does the foreclosure take?
You can usually expect that the foreclosure proceeding will take approximately four (4) months from the date of recording the Notice of Default. Most borrowers stop the foreclosure before the sale by reinstating or refinancing the property to pay the loan in full. The time schedule is as follows: THE REINSTATEMENT PERIOD: Starting with the date the Notice of Default is recorded, there is a three (3) month reinstatement period.The most common sign that you may need to file for bankruptcy is that you cannot pay your debts as they come due.

WHAT DO I DO IF I HAVE RECEIVED A LETTER OF FORECLOSURE?
Contact an attorney immediately. If your mortgage was entered into prior to October 4, 2005 and you were affected by Hurricane Katrina, you have an absolute right to stop this method of foreclosure, forcing your lender to proceed through the Chancery Court until October 4, 2007. However, you must assert your rights for them to be effective. The first step will be to seek a preliminary injunction from court, which will halt your lender's actions of foreclosure.If you get sick, you go to a doctor. If you have legal problems, you seek the services of an attorney.

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.

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