Real Estate Law
Have Real Estate Law Questions? Ask a Real Estate Lawyer.
Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.
Have you received notice from the lender that a sale is scheduled for the property?
Is your loan modification pending or have you been denied?
Is there any way for you to come up with the money to pay off any delinquent balance due and fees?
Ok, thank you for that information.. I am not going to sugar coat things for you here as I have a duty to be honest with people... If you aren't able to make your payments on the home and cure the default before the sale date, then the only way to prevent the sale would be to file bankruptcy.
That would give you a temporary stay from any sale for probably 3-4 months. But it isn't permanent. Husband could then file his own bankruptcy case and then get another stay for 3-4 months more.
But eventually the house would be sold simply because the mortgage is a contract between the borrower and the lender and it the borrower can't make the payments, the lender is legally allowed to foreclose and sell the house to try to get their money back..
I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...