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Yes. It is the most common reason for filing a chapter 13.
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∙ 11y ago
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Is it possible to stall foreclosure and how long can it be stalled for?
It is possible to stall foreclosure for up to two years using bankruptcy and a variety of other tactics. Getting what is called a Stay is a process of fighting back against the bank, and fighting for your right to stay in your home. Stalling foreclosure is not the simplest process but it can be done, and should be done if you are upside down in your mortgage, and thinking of filing bankruptcy. I have been going through foreclosure, and besides using an attorney, I found this book pretty helpful called the Stall Foreclosures E-Book. You can get this book, and read through it before you start the process to sort of give you a background on how to manage to stall foreclosure and stay in your home while fighting back. It is at www.StallForeclosures.com
How do you stall foreclosure?
You can stall a foreclosure. If you negotiate with the lender for a short sale, the lender may hold back on the foreclosure process to allow you to complete the short sale. You can also challenge the foreclosure process in court. If there are any irregularities in the foreclosure process initiated by the lender, the court can stall the foreclosure. You should ask the lender to produce the original note. Often the lender initiating the foreclosure is not the original lender. Most lenders sell the mortgage to other lenders and institutions. It is the subsequent lender who generally initiates the foreclosure. Often the subsequent lender may have problems producing the original note. Sometimes it can take months to produce the original note. Filing for bankruptcy also stalls the foreclosure. Negotiations with the lender can also buy you time. For an official opinion, it is advised you seek legal counsel.
If your house in foreclosure and is up for sale can it still be forclosed on by the lender?
Yes, the act of listing your home for sale will not stop or stall the foreclosure proceedings. Homes can be listed for sale for months and even years.
Is a modification the best way to go to stop foreclosure?
The best way to stop a foreclosure is to honor the terms of the loan agreement. How you get to that point depends on many factors. A modification is a new loan agreement that superceeds and changes the original agreement and is designed for individuals with a long term material change in their financial situation that prohibits them from making scheduled loan payments. If an adjustable-rate mortgage adjusts to a point where the payments are not affordable, or a borrower suffers long term income reduction or loss, a modification of the interest rate or repayment term of the loan may save the home from foreclosure. It is an important tool and is one of the best ways to stop foreclosure. The key is that the modification must be beneficial to both the lender and the borrower. However, when some people use the term "stop foreclosure" they really mean "stall foreclosure". If a person finances a home that is beyond their reasonable means and they find themselves unable to make payment without unreasonable changes to the loan terms (such as principle balance reductions or 60 year repayment terms) then a foreclosure is often ultimately unavoidable. An unaffordable home is still an unaffordable home even if an interest rate is lowered or borrowers are given a chance to catch up on payments. While it is possible to get a balance reduction, it is very rare, and very long loan repayment terms are usually not allowed by law or regulation. In these cases, a modification request may extend the time it takes to foreclose (even lasting years), but the end result is still foreclosure. Bankruptcy filings also halt foreclosure proceedings and are used by many borrowers as a last resort to foreclosure.
What is a drawback of offering credit customers more time to pay?
The drawback of offering credit customers more time to pay is it may encourage them to stall their payments. Allowing more leeway could enourage them to miscalculate their budget and become late on payments.
Is it possible to stall foreclosure and how long can it be stalled for?
It is possible to stall foreclosure for up to two years using bankruptcy and a variety of other tactics. Getting what is called a Stay is a process of fighting back against the bank, and fighting for your right to stay in your home. Stalling foreclosure is not the simplest process but it can be done, and should be done if you are upside down in your mortgage, and thinking of filing bankruptcy. I have been going through foreclosure, and besides using an attorney, I found this book pretty helpful called the Stall Foreclosures E-Book. You can get this book, and read through it before you start the process to sort of give you a background on how to manage to stall foreclosure and stay in your home while fighting back. It is at www.StallForeclosures.com
How can one beat foreclosure?
You can't "beat" foreclosure. You can talk to the lender and try to work out some kind of repayment plan that will cause them to halt the foreclosure proceedings. You can also stall the process by filing for bankruptcy, but at the end of that you're still going to lose the house unless you've used the time to work out a deal with the lender.
Will a loan modification application stall foreclosure proceedings?
I know of people who applied for the modification but all the while the mortgage company proceeded with the foreclosure. So, yes they still will foreclosure apparently. Its like one hand doesn't know what the other is doing. the individuals that I know had to file chapter 13 bankruptcy to stop the foreclosure sale from happening
How can I get a bank to stop a foreclosure on a property?
With the country in the midst of this crisis, the bank doesn't really want to foreclose since they will then be stuck with another property. So try to modify your mortgage, or arrange a short sale, or apply for federal help. Filing chapter 13 is supposed to stall a foreclosure too.
How do you stall foreclosure?
You can stall a foreclosure. If you negotiate with the lender for a short sale, the lender may hold back on the foreclosure process to allow you to complete the short sale. You can also challenge the foreclosure process in court. If there are any irregularities in the foreclosure process initiated by the lender, the court can stall the foreclosure. You should ask the lender to produce the original note. Often the lender initiating the foreclosure is not the original lender. Most lenders sell the mortgage to other lenders and institutions. It is the subsequent lender who generally initiates the foreclosure. Often the subsequent lender may have problems producing the original note. Sometimes it can take months to produce the original note. Filing for bankruptcy also stalls the foreclosure. Negotiations with the lender can also buy you time. For an official opinion, it is advised you seek legal counsel.
Can the bankruptcy trustee try to shortsale your house before the stay has been lifted instead of letting the bank go through the foreclosure process?
Yes, but this is very rare. A Chapter 7 bankruptcy trustee will generally not seek to sell real property if the mortgage and other liens exceed the value. The Trustee's job is to liquidate assets for the benefit of unsecured creditors. If a Chapter 7 trustee were to sell a house that is upside-down, only the secured lien holder would realize anything from the proceeds, the trustee and unsecured creditors would get nothing. It would be an exercise in futility However, some aggressive Chapter 7 trustees have been known to try to force a short sale and/or stall a foreclosure in order to negotiate some sort of payment for the estate.
What is the cost of a bathroom stall?
Not counting filing fees No less then $8,900
If your house in foreclosure and is up for sale can it still be forclosed on by the lender?
Yes, the act of listing your home for sale will not stop or stall the foreclosure proceedings. Homes can be listed for sale for months and even years.
Can lenders foreclose on mobile homes?
Yes, they certainly can. Best way to deal with this is to negotiate a settlement with them. You can often come to terms that stall foreclosure and maybe prevent it.
Is it possible to stop a bank foreclosure once it's started?
There is a process to appeal a bank foreclosure. Each bank is different and it can be a cumbersome undertaking. They will probably have you jump through many hoops. If you are looking to stall the foreclosure, it might be a good avenue for you to explore. Even if it buys you another week or two, that may be enough time to get your grandmothers' finances in order.
What ways are there to avoid foreclosure?
There may be ways to stall it off, (and ways to speed it up), some as simple as how you respond to the mortgage co....but the bottom line is, unless you pay the loan fully, it is unavoidable that you will end up losing the house.
Is a modification the best way to go to stop foreclosure?
The best way to stop a foreclosure is to honor the terms of the loan agreement. How you get to that point depends on many factors. A modification is a new loan agreement that superceeds and changes the original agreement and is designed for individuals with a long term material change in their financial situation that prohibits them from making scheduled loan payments. If an adjustable-rate mortgage adjusts to a point where the payments are not affordable, or a borrower suffers long term income reduction or loss, a modification of the interest rate or repayment term of the loan may save the home from foreclosure. It is an important tool and is one of the best ways to stop foreclosure. The key is that the modification must be beneficial to both the lender and the borrower. However, when some people use the term "stop foreclosure" they really mean "stall foreclosure". If a person finances a home that is beyond their reasonable means and they find themselves unable to make payment without unreasonable changes to the loan terms (such as principle balance reductions or 60 year repayment terms) then a foreclosure is often ultimately unavoidable. An unaffordable home is still an unaffordable home even if an interest rate is lowered or borrowers are given a chance to catch up on payments. While it is possible to get a balance reduction, it is very rare, and very long loan repayment terms are usually not allowed by law or regulation. In these cases, a modification request may extend the time it takes to foreclose (even lasting years), but the end result is still foreclosure. Bankruptcy filings also halt foreclosure proceedings and are used by many borrowers as a last resort to foreclosure.
