Fast Foreclosure Loan Stop – Obtain A Legal Bill To Stop Foreclosure
October 15, 2009 by StopForeclosureDigest
Filed under Guide to Stop Foreclosure
Foreclosure comes when for some reason you no longer can make the payments on your mortgage loan. Because you signed over the deeds of your home as security for the monies owed, you have to sit back and let the credit firm sell your home and use the proceeds to settle themselves and anyone else in lien by the loan.
Except that things really do not work that way. The terms of the contractual agreement may have said that you home can be sold for pay for your mortgage, but I am yet to see clause that insists that you can do nothing at all about it; and in the absence of that clause, you had better believe that it is possible to obtain a bill to stop foreclosure… and legally too.
Before they can foreclose on your property, the mortgage firm is going to have to file for the rights to do so first. Actually, not all foreclosure efforts are like that; in some instances, you may have consented to a deed of trust that allows the lender to simply take over the home without the involvement of the court. You should watch out for such terms when you put your name on the dotted line so that they don’t ensnare you in the future. Knowing that the mortgage firm is headed first for the court, you can hurry there with your legal counsel also to tender your own filing.
This is the part where you reveal the reasons why you are not able to make up your payments. It could be anything ranging from a long and bitter divorce, to job loss, a heavy medical bill, sudden crash of your business – Lord knows there is a lot of that flying around lately, or even a natural disaster – a lot of that going around too. If you are real enough about your claims, you may first be able to obtain an injunction to stop the mortgage firm from going along with the proceedings, giving you time to raise the needed funds to make up for your default, or to put your case together.
Court proceedings often take some time, but you don’t want to be too comfortable basking in that thought. If there are still things you can do to make the bad credit situation go away, now would be the time to do so. Only when you have explored all options and things are still not looking good should you start to consider something like a bankruptcy filing. You could file under either of Chapter 13 or Chapter 7, but whichever you choose, you have to be sure that it is a battle you can win.
From either of the above, you may get a continuance – something like a pecuniary stay of execution, one to stop you from actually paying off what you owe ever again, besides losing a few assets; or the other which will allow you only more time (usually specified between three and five years) to keep paying off the money that you owe until it is all done. These bills do stop foreclosure, but one is more effective than the other. There is a challenge about deciding how to file because you really need to pick only fights that you can win at this time. It certainly will not help to get your case thrown out because you failed to cover all the basics.

