Monday, 15 April 2019

Understanding The Various Possible Ways Of 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.

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.

Another way to save your home is by demonstrating that your borrowing terms were unconscionable. In the majorities of cases, loan agreements have terms that highly favor the lender. After all, a lot of money is at stake for them. Even so, if the terms and conditions of a mortgage are beyond debate unconscionable, the courts are likely to stop the foreclosure.

It is not easy to fight the terms of your mortgage contract, especially because you agreed with them and even signed the dotted line. It remains crucial for you to work with an attorney who can ensure that your best interests are protected. The lawyer will demonstrate how grossly unfair these terms are and perhaps even demonstrate how a specific lender attempted to take exploit 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.

At this point, you are possibly wondering when is the most ideal time to file a bankruptcy petition with the hopes of dodging foreclosure. Well, there are instances when filing under Chapter 7 is the most ideal option that one has. In this case, a bankruptcy petition may not save you from losing your home, though it will delay action from your lender. The extra time you get can be used to gather finances and 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.

For bankruptcy under Chapter 7 to bear the intended fruit, you must file your petition before the foreclosure. This will ascertain that you also dodge a deficiency judgment. In case your foreclosed home fails to fetch money amounting to your default loan, a lender can file a lawsuit to collect the deficiency. Fortunately, the mortgage balance is discharged after filing a petition and this means your lender cannot pursue the deficiency.




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