When you default paying your mortgage, the lender can initiate the foreclosure process on your home. The foreclosure process is usually stressful and scary. What do you do when you have a foreclosure sale date in a few months?
When you receive a foreclosure sale date notice from the court, you should act fast and contact a competent foreclosure attorney to determine your options to stopping the sale. Even with the foreclosure sale date in place, the lawyer can still get the date postponed and find ways to save your home.
Redemption by Lien Holder
At the discretion of the court, you can redeem your home up to the confirmation of the sale. The equity of redemption only applies before the sale is confirmed. This means that you can save your house from being foreclosed by coming up with the money owed before the property is sold. After the foreclosure auction is completed, your options at saving your home become less.
The most important thing you should do when a foreclosure sale date has been set is to seek legal help. A competent attorney can help you postpone or reverse a foreclosure through various ways including:
1. Loan Modification
Modifying your loan is another option you have to stop a foreclosure. Your attorney can negotiate on your behalf with the bank to modify your loan and thus help you save your home. In most cases, your loan modification is likely to be accepted if you show that you are willing and able to pay back the money you owe.
If you had difficulties paying your mortgage due to a valid hardship -- factors outside your control such as loss of employment, a chronic sickness that drained your finances, change in market interest rates and so on, your loan is likely to be modified. However, keep in mind that it is up to the bank to accept or reject your loan modification request. A good foreclosure defense lawyer will have a loss mitigation team to present your situation to the bank in such a way to get your loan modification approved.
2. Deed-in-Lieu of Foreclosure
Sometimes, a deed-in-lieu of foreclosure can be a better option than doing a short sale or modifying your loan. In a deed-in-lieu, you convey all the interests in your home to the bank to satisfy the mortgage debt and thus avoid the home being foreclosed.
When a deed in lieu is completed, you will be completely released from the debt associated with the mortgage. A deed in lieu will save you from the long foreclosure process, which usually increases the amount of deficiency due to attorney fees incurred by the lender to initiate and execute the foreclosure. Moreover, your credit will not suffer as much as it would should a foreclosure take place.
3. Filing for Bankruptcy
Filing for Chapter 7 or Chapter 13 bankruptcy can help to delay the foreclosure sale date. During this period, the attorney can work out a deal with the bank’s attorney to modify your loan repayment terms.
In most cases, foreclosures are initiated after you have repeatedly failed to service your monthly payments. If financial hardship is the reason for you failing to pay the mortgage, you are likely to be given new terms of payment. However, this decision is not automatic and will depend with the bank.
4. Short Sale
When the date of sale has been delayed, you can opt for a short sale rather than wait for your home to be auctioned. Remember, the bank is only interested in recouping back their money and if your home is auctioned, it may go for a price that is much lower than its market value. Moreover, if the money the home fetches is not enough to cover your debt, you will be responsible for paying the remaining amount known as a Deficiency Judgment. A Deficiency Judgment must be filed by the bank within four years of the foreclosure sale date.
A short sale can help you get a fair price for your home, pay off your remaining mortgage balance and remain with a good amount of cash to help you move on. This is a better route than waiting for the home to be auctioned.
The most important thing to do when you receive a foreclosure sale date notice is to contact and cooperate with an experienced foreclosure attorney in your area to help you determine your next step. Click below to schedule your own consultation.
