Re:stopping foreclosure (1 viewing) (1) Guest
Favoured: 0
|
|
|
TOPIC: Re:stopping foreclosure
|
Jackie (User)
Gold Boarder
Posts: 176
|
|
stopping foreclosure 1 Year, 1 Month ago
|
Karma: 3
|
|
Say a person is unsuccessful in negotiating with a mortgage lender and the mortgage lender wants to foreclosure on the property. If the debtor files for bankruptcy, will that stop the mortgage lender from foreclosing on the home?
Does the debtor have any other options?
|
|
|
|
|
|
|
The administrator has disabled public write access.
|
nic (User)
Senior Boarder
Posts: 53
|
|
Re:stopping foreclosure 1 Year, 1 Month ago
|
Karma: 0
|
|
Filing for bankruptcy will provide a temporary abeyance from creditor claims, i.e. your mortgage company, but at some point you will need to complete the BK and negotiate with your mortgage co.
When you first file for bankruptcy the automatic stay immediately becomes effective. The automatic stay enjoins creditors from making any collection efforts against a debtor. If you are facing foreclosure, the automatic stay prevents the mortgage company from initiating or moving forward with the foreclosure.
If the mortgage company wishes to resume collection efforts, including foreclosure, against you, then it must first file a Motion for Relief from Stay seeking authorization from the court to do so. If the bankruptcy court grants the motion, the mortgage company is free to proceed with the foreclosure and any other remedies it may have under the law.
|
|
|
|
|
|
|
The administrator has disabled public write access.
|
|
|
|
LegalNut Resources
Attorney jobs listings and sites with attorney
salary information, attorney job search functions, and salaries by law firm.
Law school rankings show how competitive your lsat scores would be at top law
schools in the US.
Law school admissions
advice is available both at the LSAT forum and
throughout the pre-law section, including LSAT prep options, law
school personal statement help, LSAT
score distributions and law school bar exam pass rates.