How To Save My House From Foreclosure

By Larry D. Holder


The most recent foreclosure statistics present a disheartening image of the real estate market and the American economy. According to RealtyTrac, an average of 1 in every 634 housing units received a foreclosure filing in December of 2011. The states with the highest rates of foreclosure were California, Florida, Nevada, Arizona, Georgia, Michigan and Illinois. As homeowners across the country are facing foreclosure or threatened foreclosure, it is important to consider what remedies are available.
[Save My Home]


Most people think they have to hire an attorney and pay thousands of dollars. There are a whole lot of things to consider, and eventually you may want to hire an attorney, but first things first. You can deal with all that later after you take away the immediate threat of losing your home tomorrow.Remember the immediate goal is stopping the sale. The good news is that all you need is a preliminary filing in place for that to happen. That's all it takes to stop 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.

This is a brief overview of how Chapter 13 bankruptcy may affect foreclosure proceedings. Every case is different, and certain factors may affect a debtor's ability to save his or her home. That is why you may find it helpful to consult with a professional. A lawyer who is experienced in handling Chapter 13 bankruptcy proceedings can offer insight as to how your home may be affected if you file. You can also get information about the particular advantages and disadvantages of Chapter 13, such as its ability to protect co-signers or its affects on your credit score. These are all issues that you may want to take into account before making a decision.

But how do I make sure I get this filed right so it stops the sale? You sure don't want to get this wrong, because if you screw up, they could take your house. How about those on-line filing services? You simply don't have time to determine if they will do it right. And what if they don't file on time? There is no substitute for walking into the bankruptcy court with documents that you know are correctly filled out, and handing them to the clerk yourself. You get a time stamped receipt and know you got the job done.

How do you make sure you fill everything out and do all the required things so that the clerk accepts your file? Find someone else who did it. If you could just see how someone else did it -- every single detailed step from point A to Z, wouldn't that give you confidence that you could do it on your own too? Then, when you ask yourself how to save my house from foreclosure, your answer can be simple. "I did it myself."

At this time borrowers can get modifications or freezes from their lender for Unaffordable rate adjustments on variable rate mortgages. The earlier The homeowner addresses the issue, the better the likelihood are of negotiating A fixed rate and a payment that is controllable.A key part that is necessary in each loan modification is the existence Of a financial hardship for the borrower. The hardship can be temporary In nature or permanent, but the borrower has got to be able to prove the hardship.

Here's the thing: none of those means you are in foreclosure.If you get a letter from your bank telling you you are in foreclosure, you are not in foreclosure.Even if you are six months behind with the mortgage and you've received four letters from the bank saying you are in foreclosure, you are not in foreclosure.This is important, so I'll repeat it. You are not in foreclosure because your bank says you are.Only one of two things can notify you officially of foreclosure.A Notice of Trustee Sale.A Notice of Sheriff's Sale.Once you receive either of those, you are officially in foreclosure. Your house will be auctioned, usually in about 90 days' time, depending on which state you live in.

I list homes for sale in Fredericksburg and Northern, VA. In this recessed market, I have witnessed a growing trend in homeowners who find themselves upside down in their homes and forced to move due to economic conditions. Layoffs are a reality in Fredericksburg and the job hunt is brutal. The evidence was undeniable as a recent job fair in Stafford, VA attracted national attention with record attendance. Short sales and foreclosures are on the rise in today's real estate market. There is an alternative plan.

Loan modification is often times an alternative to foreclosure and the recommended first step to short sale. Loan modification is the process of revisiting the original lender, explaining your current financial situation and simply asking for help. There are different options that the lender may suggest. One such option may be interest only payments for a period of time on the current loan where the principle is collected on the back end of the loan. Interest only modification is popular and cuts down the immediate monthly payment. A loan modification is intended to last a set amount of time and designed to change the monthly payment into an affordable rate.A trusted realtor that is experienced as a professional, certified negotiator and understands your situation can sometimes negotiate with your lending institution on your behalf. This agent should understand the entire short sale and loan modification process. Time is of the essence in these sensitive matters. You will literally be one step ahead of foreclosure. Be patient and let your real estate agent work for you.




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