Monday, July 15, 2013

Save My House Tips - You Must Act Now Before Congress Changes The Rules

By Eric L. Miller


Did you know that there is one sure fire way you can stop a foreclosure sale -- even if it's as soon as tomorrow? And you don't need an attorney, or an expensive on-line service. You can do it yourself. All you need is someone to take you through the forms.If you are asking yourself, "How to save my house from foreclosure," the next question is, "How much time do you have"?You can file a chapter 13 bankruptcy 30 minutes before the auction and still stop the sale. But unless you are a real thrill seeker, you don't want to cut it that close. The moment a chapter 13 bankruptcy is filed with the court, the lender can't have an auction or sheriff sale. They have to stop the sale.

Filing for bankruptcy is one way that foreclosure can be halted or even avoided entirely. When a person files a bankruptcy petition, this places what is called an "automatic stay" on all debt collection proceedings against the petitioner. This includes foreclosure. In a Chapter 7 filing, this may give a debtor time to figure out how to sell or surrender the home by way of a deed in lieu of foreclosure or a short sale. In a Chapter 13 filing, the automatic stay may not only buy the homeowner time to determine what to do, but past due mortgage payments and penalties may actually be included in the homeowner's repayment plan - enabling him or her to actually save the home and avoid foreclosure.

Chapter 13 bankruptcy is unique in that it is a reorganization of debt. A borrower who seeks bankruptcy protection under Chapter 13 of the U.S. Bankruptcy Code will submit a repayment plan to the bankruptcy court. This plan, which typically lasts for 3 to 5 years, will involve the debtor making regular payments to a bankruptcy trustee, who will then distribute the payment amongst creditors. This payment amount is based upon the debtor's disposable income. This repayment plan can include past due mortgage payments and penalties, and as long as the debtor remains current on these payments and future mortgage payments, he or she may be able to keep the property.

You can greatly increase your chances if you take some kind of home study course prior to starting your mortgage refinance. Hiring a professional to represent you is probably a good move if you feel intimidated by banks. Unfortunately they will not be as motivated as you to modify your home loan because nobody cares more about your home than you.The first month you miss your mortgage payment you will probably receive a phone call from your lender. The second missed payment will result in more calls. Usually by the third month you will receive a demand letter stating the delinquent amount, along with a demand to pay it within 30 days. If you fail to make this payment on time your lender will refer you to their attorney.

Turn on the news nowadays and what you hear is foreclosure, foreclosure, And more foreclosure. The banks, The US Senate, Congress, President Obama and others have Come to the conclusion that we have got to end this downward spiral in foreclosures And help families keep their homes or else refinance. Because of the meltdown in the Financial system and falling house values lenders are looking for solutions to this problem .The most successful method used to combat this Is a loan modification.

What is a loan modification? A loan modification is a amendment to the loan contract which is agreed to by The lender and the homeowner. The lender modifies the existing loan(s) in Order to work with the homeowner because of hardship. The reason is to Help make the loan(s) more within your means. Ordinarily it is in the form of a rate Reduction, fixing the rate for a certain duration of time, or term extension. In the past, this was only used when a borrower was delinquent and suffered A hardship such as employment loss, divorce, illness, and so on.

By the way, by researching and comparing the best stop foreclosures services in the market, you will be able to determine the one that meet your specific financial situation, plus the cheaper and quicker options. However, it is advisable going with a trusted and reputable stop foreclosure specialist before making any decision, this way you will save time through specialized advise coming from a seasoned foreclosing advisor and money by getting better results in a shorter span of time. Meaning getting your house out of risk as soon as possible.Maybe you are one of the many many beleaguered homeowners in America, who, through no fault of their own, have fallen victim to the current economic situation and have run into financial difficulties.Maybe this has caused you to fall behind with your mortgage payments. Maybe you've received notice of foreclosure from your bank. Maybe you've received notice of foreclosure pending, or imminent foreclosure.

The most effective method is to use a forensic loan audit along with the Use of personal hardship. A Forensic Loan Audit is audit of the loan and it's terms.The audit's#1 goal is to determine Whether there were violations of federal and state law. If these violations Are found, then the client's file has added strength during the loan Modification process. Many folks to have taken control of their mortgage Situation by taking advantage of the loan modification.

Why is this important?Because, if your bank tells you you are in foreclosure, and you haven't yet received notice of Trustee Sale or notice of Sheriff's Sale, there is still time for a loan modification company to intercede on your behalf.They will have a team of dedicated attorneys who will negotiate with the bank or lender to achieve a substantial reduction in interest rate (and maybe loan principal) on your mortgage, to reduce the monthly payment to a level which you can afford on an ongoing basis. To save your home, no less.(If any loan modification company approaches you who do not have their own dedicated attorneys, walk away.)

What if you have already received notice of Trustee Sale or notice of Sheriff's Sale, and are officially in foreclosure? Can nothing be done?In this case, a loan modification company may still be able to help you.The first thing they will have to do is contact the bank to stall foreclosure.Once the foreclosure process has been stopped, then they can proceed to negotiate to modify the loan.Obviously in this case, speed is of the essence. If you are close to foreclosure, or have recently received official notification of foreclosure, don't delay - engage the services of a reputable loan modification company right away.There is a good possibility they can help you to save your home.




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