What forms do i need to file with the court to stop foreclosure auction besides ch13?
Question:
Answer:
Have you being paying the mortgage on time and can prove that you have been? Then file those documents, otherwise Banruptcy may be your only solution.
Good Luck
See a lawyer! With your home at risk, don't rely on twits like me to give you the correct answer. There are free legal aid outfits all over. Go to the court clerk. Find out what the court expects. Don't loose your house because of ignorance of the law.
"Oh really, I didn't know that!" doesn't cut it in a court of law.
It depends on the state you live in. As you mentioned Bankruptcy is an option. You should be careful though. Recent changes in bankruptcy law have effected the foreclosure process. Filing bankruptcy won't always slow down a foreclosure.
Your first action should be to try and enter into a repayment agreement with your lender. Mortgage companies do not want to foreclose. Almost all foreclosure actions cause the lender to lose money. If you negotiate in good faith they will work with you.
Next step, when you receive the notice that your loan has been forwarded to an attorney you should challenge the validity of the debt. This will cause the attorney to pause the process while he assembles the documentation to prove that you do in fact owe the money.
After this you can seek an injunction in local courts. This will depend on the factual situation but it is available. Each of these actions will only delay the foreclosure process.
Another option is refinancing the loan. Different lenders are willing to refinance most all types of loans, even those in default.
If you have equity in the property selling is also an option. This protects your investment as you will be able to take your equity out of the sales price.
You should consider the fact that the property will eventually be foreclosed if you don't pay the loan current or refinance or sell the property. The lender will take the collateral if the loan agreement is not met.
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