Hi, I was served with a Notice of hearing for summary final judgement on a foreclosure case. Although I didn´t contest the case on the first time I was served with the case documents, is there anything I can claim at this point in order to keep my home?
Country relating to Question: United States
State (if USA): Florida
Nothing. Still don´t know what my options are, if any.
Because you are so close to the end of the foreclosure, at this point the only thing you can do is hire a bankruptcy attorney and file a CH 13 bankruptcy case and that will stop any court proceedings right in their tracks. At that point you can try to get the lender to modify the mortgage or you can work with the bankruptcy court to pay the arrearage owed on the mortgage. Have you considered bankruptcy as an option? If not, it really is about the only thing that will stop a foreclosure cold.
Thank you for your answer. Can I rate now and then reply to it or I have to first reply and then rate bc once I rate, I don´t get to ask anymore?
That's a loaded question --LOL. You can ask me whatever additional questions that you have before you rate the question and answer.
Haha! Sorry! I never considered bankruptcy because I didn´t know that would stop the foreclosure. I really don´t want to get my hopes up if there´s a chance the bankruptcy won´t stop. In other words, does the law guarantee that if I file for bankruptcy before the final judgement hearing date, my foreclosure case will stop forever and I will be able to either pay the dues (somehow) or request a loan modification? Because if it´s really that guaranteed, I am going to look for an attorney to file that bankruptcy this week!!!
Yes, it will stop the foreclosure and at least buy you some time to try to work things out - one way is to pay the arrears owed to the lender on a 60 month plan through the bankruptcy court and another is that the lender may decide to work with you once the bankruptcy is filed (some lenders will, some won't depending on the situation). You can find a local bankruptcy attorney by contacting your local county bar association and asking for an immediate referral. Tell the lawyer you want a Ch 13 bankruptcy to save your home -- and the case must be filed before the final hearing date on the foreclosure ( even an hour before the hearing and the foreclosure court is notified that the bankruptcy has been filed and then that proceeding will stop).
15 years exp all aspects of general law
Thank you so much, Mary, you have no idea of how much better your answers have made me feel! Now I am in a different state of mind really. Knowing that is an option, I can even tell the lender tomorrow that I will file for banktupticy this week if they don´t do the loan modification with me. My monthly payment is good now after the 5 year automatic adjustment so I don´t even need this reduction. All I would need is to bring my mortgage current. I haven´t functioned well since Friday, worrying about this, and now, with your answer, it´s like all the worry is gone!!! All of it!! I have an option to keep my home and that is making me feel overwhelmed!! Thank you so much!! I will definitely need the lender to work with me because paying through the court in a 60 month plan would be too much, U$3500 monthly.. Thanks again and have a blessed day!! Al.
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