A foreclosure on your house may be a stressful and upsetting event. Feelings of shame and helplessness are common responses to any financial disaster. Emotional factors might cause individuals to delay taking action until they feel better.
To avoid losing your home to foreclosure, you must gather as much information as possible. You can also contact bankruptcy lawyer Tucson to prevent your home from foreclosure.
Instead of waiting for foreclosure to happen, it’s best to know your financial situation and your choices. Remember that misfortune may strike anybody and that you are not alone in your struggles. The moment has come to examine the specific measures required to proceed and discover methods to avoid foreclosure.
Foreclosure Procedures: A Brief Timeline
Lenders must make a reasonable faith effort to save borrowers from losing their homes to foreclosure. After missing mortgage payments, a borrower might anticipate the following events to occur:
- Lenders must make at least one phone call to a borrower after the first month to discuss loss mitigation measures.
- After a borrower has been 45 days past due on their payments, the lender must provide written notice of loss mitigation alternatives and may appoint a third party to assist in resolving the delinquency and preventing foreclosure.
- The lender will give the borrower 30 days from the 60-day mark to contact a housing counsellor. The borrower may request an additional 30 days before legal action is taken.
- Once 90 days have passed since the due date without payment, the lender will send a notice of acceleration to begin foreclosure.
- After 120 days, the lender will file a lawsuit to start foreclosure.
There must be at least 120 days of nonpayment before foreclosure procedures may begin. Next, the lender sues for permission to sell the property. A bankruptcy attorney Tucson could be the best option to survive this legal battle.
When a lender sues, what happens next?
Lenders often issue borrowers with summons and complaints after initiating legal action. To stop the foreclosure process, the borrower has 30 days to respond to the complaint. A default decision in favour of foreclosure will be granted to the lender if the borrower does not reply.
After the court grants permission for sale, the lender must publish a notice of sale in a newspaper at least once weekly for three consecutive weeks. Lenders should notify borrowers by email or another method if they don’t have access to email.
A consent foreclosure occurs when the borrower and lender mutually agree on the terms of the foreclosure. Once the borrower agrees to the foreclosure judgement being entered against them, the court will officially foreclose on the property. To the borrower’s advantage, the lender often gives up the right to a deficiency judgement.
Can a Foreclosure Be Stopped?
A borrower may avoid foreclosure in assistance of bankruptcy lawyer Tucson with several available options.
An impending foreclosure sale may be stopped by filing for bankruptcy right up to the day of purchase. While Chapter 7 bankruptcy is less prevalent than Chapter 13, it is still an option.
Reduced risk of loss
In most cases, a loan modification is used as a means of loss reduction. To avoid being sued, the borrower has to file a loss mitigation application within the first 120 days. Lenders are prohibited from initiating foreclosure proceedings unless a borrower is determined to be ineligible for loss mitigation, refuses the choices presented or breaches the terms of the mitigation agreement.
To be reinstated, the borrower must bring the loan current by paying any overdue interest, principal, fees, and expenses. A borrower may apply for this once every five years. The loan is reinstated if the borrower reinstates the loan within 90 days after the lender serves the complaint. There is often no time limit when a borrower may be reinstated with their lender.
Paying out debt in full (principal plus interest, fees, and charges) is called “redeeming” the loan. It entails settling any tax arrears that have led to the repossession of your property. Seven months after the complaint is filed or three months after judgement, whichever comes first, the redemption period begins.
If you hire the right lawyer, you can avoid foreclosure on your home
With the assistance of a competent attorney, it may be possible to avoid foreclosure and save one’s house. It would be best if you didn’t put it off until later. If you have property taxes that have gone unpaid but want to prevent a tax foreclosure auction, call us immediately for a free consultation on how to do so. Professional debt settlement is where our firm shines, and our bankruptcy lawyer Tucson has years of expertise in negotiating tax debts with local governments.