Will Chapter 13 Bankruptcy Save My Home?

By Dana B. Thompson


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.

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.

The program started slowly but now has the kinks worked out and more loan modifications are being approved than ever before. Just as things are getting rolling, the new powers in the House of Representatives have pledged to cut the budget and assistance to banks. If they are successful the number of approved loan modifications will plunge. If you have been hanging on by a thread, the time to act is now.Banks have their own language. They talk about debt ratios, FICO scores and loan-to-value. If you are familiar with these terms you can probably negotiate the loan modification yourself if you know the right steps, the proper forms to submit and how to fill them out so the lender will be compelled to say yes.

And if you spend $2,000 on a bankruptcy attorney in a last minute ditch effort, you may have wished you spent the money on a different attorney, or maybe an attorney who specializes in loan modifications. And if you don't have the funds right now but your home is scheduled for a sale tomorrow, you have to do something fast, because the bank won't wait for you. If you don't have the $2,000 for an attorney to stop your sale today, then you sure won't need one after they take your home tomorrow.

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.

If foreclosure has already begun --meaning a sale date has been made-- you still have time to save your home. The first thing you need to do is contact your lender and find out what arrangements can still be made. Tell them your situation and how much you can afford. Remember that banks don't want to foreclose, they would rather make a deal with you to help you pay your mortgage. In some states you have until the home is sold to reclaim it, and in many states you have a redemption period even after, although once you reach the redemption period you will have all outstanding mortgage balances and attorney fees to pay.

Stopping your foreclosure by filing your own chapter 13 bankruptcy won't fix things permanently, but it stops the immediate crisis so you can think clearer and live to fight your lender another day. Once your sale is stopped, take a deep breath, and with your head a little clearer, you can start making the bigger decisions.The George Osborne budget has meant that that at least up to 600,000 public sector jobs could be cut over the next five years.

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.

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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