Wednesday, April 10, 2019

Understanding The Various Possible Ways Of Fighting Foreclosure In Northwest Indiana

By Nancy Kennedy


There are very few things in life that can be more stressful that receiving a foreclosure notice. The good news is that losing the place you call home is not always inevitable. After evaluating your situation in detail, a foreclosure attorney could tell you whether or not you have a chance of retaining ownership of your property after fighting the proceedings. If you are facing foreclosure in Northwest Indiana, there are several proven defense strategies that may come in handy.

In each state, there are strict guidelines hat determine how lenders should handle matters foreclosure. These procedures protect borrowers from automatically losing their homes when they fail to make mortgage repayments as agreed. If you are able to establish that your lender failed to follow the laid down guidelines and there are procedural errors at any point, you may move to court to fight the foreclosure.

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.

With your signature on the dotted line of a lending agreement, fighting the terms of a contract will not be a walk in the park. In this case, the greatest favor you owe yourself is one of hiring a seasoned attorney. The professional will find the best approach to demonstrate that specific lending terms are grossly unacceptable. The specialist may even target demonstrating how a lender tried to financially extort you.

Choosing to file for bankruptcy under Chapter 13 is another viable option you have. This chapter offers individuals in debt a chance to recover and catch up on overdue payments by making a reorganization plan. For you to stop foreclosure using this strategy, you must act quickly for things to work in your favor.

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.

An automatic stay is instantly triggered when you file a bankruptcy petition. As you may already know all collection activities from creditors should stop and this includes foreclosure. It may take months for your case to be cleared and you can use this time to gather funds and save your property.

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.




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