Sunday, April 14, 2019

Options You Have When Fighting Foreclosure In Northwest Indiana

By Nancy Kennedy


A foreclosure notice can turn your world upside down. It is best to act with speed and seek legal counsel for you to know whether you have the slightest chance of saving that place you call home. A seasoned foreclosure attorney will study your case and provide guidance to ensure that salvage as much as you can. If you want to fight foreclosure in Northwest Indiana, there are a few strategies you may use.

If a lender made procedural errors along the way, this can be a basis for getting the courts to invalidate the foreclosure notice. In your state, there are guidelines that dictate how lenders can handle the foreclosure of any property. These guiding principles mainly protect borrowers and give them a right to retain ownership of their properties, even after failing to keep up with mortgage payments.

You can also get yourself off the loop if you can demonstrate that the terms of a specific lender were unconscionable. Loan agreements typically favor lenders because the stakes are high for them. However, if these terms are unacceptable and legally unenforceable, then the courts could rule in your favor and stop the foreclosure.

Fighting the terms of a mortgage agreement is not easy. After all, you read the terms and signed the dotted line. In case your best defense strategy is to claim that the lending terms of a mortgage are unconscionable, you cannot afford to fight without a proficient attorney in your corner. A reliable specialist can find tactful ways to demonstrate just how grossly unfair specific terms are. He or she will additionally demonstrate how your lender attempted to extort you financially.

Another viable fighting strategy you could consider is to file for bankruptcy. Under chapter 13, you will be given a chance to reorganize your debts and catch up with overdue payments, including your mortgage repayments. For this tactic to yield fruit, it will be necessary for you to file the bankruptcy petition as soon as possible.

Most people will seek to know when the best time is to file for bankruptcy when facing foreclosure. In case you want to file under Chapter 7, it is best to file your petition before your lender forecloses your home. In this case, filing for bankruptcy will not stop the foreclosure, though it will delay action for a reasonable while. This will give you time to save money and make other arrangements that may save your home.

The instance you file your petition, your creditors will be forced to stop collection efforts. Your mortgage lender can therefore not attack you, at least not for several months. A bankruptcy case takes a while to be cleared and this would be invaluable time for you to work on saving your home.

You should file a bankruptcy petition under Chapter 7 before the date of the foreclosure. The idea is for you to dodge getting a deficiency judgment. In some instances, the foreclosed home does not fully cover the default loan and the difference is referred to as a deficiency. After filing a petition, your mortgage balance will be discharged, meaning your lender has no right to pursue the deficiency.




About the Author:



No comments:

Post a Comment