Every Washington foreclosure attorney knows that foreclosure is becoming a serious concern for many homeowners, especially those with adjustable rate mortgages. Consider these statistics from research firm First American CoreLogic. According to a study by this firm, 1.1 million additional home foreclosures are expected between 2007 and 2013. Many will involve adjustable-rate mortgages resetting to higher payments.
A foreclosure can destroy the equity you have in your home. To protect this equity, Homeowners facing foreclosure need a Washington foreclosure attorney. A Washington foreclosure attorney may be able to negotiate a payment arrangement with the lender. A Washington foreclosure attorney also can explain how a Chapter 13 bankruptcy, guided by that attorney, can stop foreclosure.
Chapter 13 Overview
Chapter 13 is designed for people with regular income who want to pay their debts, but currently can't do so. It gives homeowners time to cure delinquent payments and avoid foreclosure. To take advantage of Chapter 13, you must file for bankruptcy before a lender sells your home. Given Chapter 13's complexity, it's a mistake to try to process a Chapter 13 bankruptcy yourself, without a Washington foreclosure attorney. To protect yourself, you need that Washington foreclosure attorney.
Payment Plan
Under Chapter 13, a plan is developed that provides for repayment of mortgage arrears (and other secured debts). The plan, which lasts three to five years, permits a bankrupt to keep some future income for living expenses. The remainder is paid to a trustee, who pays off creditors, including the lender.
Chapter 13 versus Chapter 7
As a Washington foreclosure attorney can explain in more detail, a Chapter 7 bankruptcy is different because it requires the sale of your assets (except those exempt from bankruptcy) to pay off creditors. As a also can explain, Chapter 7 is not as complex as Chapter 13.
Chapter 13 stops foreclosure only if a homeowner makes all required payments under the plan. If the homeowner defaults, even a skilled Washington foreclosure attorney may not be able to prevent the court from removing Chapter 13's protection. If that happens, Chapter 13 no longer prevents foreclosure.
For homeowners facing foreclosures, Chapter 13 is good news. If you're concerned about foreclosure, contact a Washington foreclosure attorney about your rights and responsibilities under Chapter 13.
Chapter 13 Stop Foreclosure
When most homeowners are facing foreclosure, the first thing they do is hold a grudge against their mortgage lender. Thinking the lender is out to get you, is the wrong way to go about stopping your foreclosure. Remember the lender is not trying to hurt you personally; they don't take pleasure from sending you a foreclosure notice. So maybe it is time to drop any underlying grudges, you have with your lender and try to turn them into one of you allies. Mortgage lenders are actually one of the first people you should turn to when facing foreclosure.
Your first step, to working with your mortgage lender is to contact them; most likely you won't receive a call from them if your trouble, but they will be will to talk if you ring them. If you are financially hurting and facing foreclosure, call them as soon as possible and see what options they have for you. Instead of going over all your problems on the phone, schedule an appointment to come in and speak with them directly, this will show them that you are seriously looking for help.
Before you go into meet them, go over your finances and what you owe. You are going in to try and sell your mortgage lender on a plan to stop your foreclosure. In order to do this, you need to come up with a ?plan? on how you are going be able to pay them. The more organized and controlled you are the better chances of receiving foreclosure help. Know what your going to say and how your going say it, practice it a few times before going in.
For your ?plan? of action, show them proof that you are just temporarily hurting for money. Show them you have been job searching, even bring in your resume. Tell them about upcoming interviews you may have. Lenders are not going help someone who looks to be a risky investment, with no future plan. Show that you care about your home and you going to save it.
If you are out of work due to an injury, show them a note from your doctor telling them when they work again. This will prove that you do intend to make your mortgage payments, as soon as you can get back on the job. Remember always bring the proof with you don't just tell them about it, this shows you are very serious.
Also attitude and appearance are very important things to consider as well. This doesn't mean you have to go out and buy a new suit. Just make sure the clothes you are wearing are nice, clean and ironed, shine your shoes up, take pride in how you look. Walk into the back with you head held high, have a strong handshake and look people directly in the eye. As for your attitude, leave it at home; don't go in with a chip on your shoulder. Make the mortgage lender like you, they will be more willing to help you, if they don't end up feeling threatened.
In the end the mortgage lender should have some options for you, just make sure that you can meet the requirements of any offerings they have for you. If they lower your mortgage payments for a certain amount of time, you won't to make sure you will be ready to pay full price again at the set date they give you. Otherwise you will just find yourself in the foreclosure process all over again. When the lender comes up with solutions, take them home and think about them for the night and give them a decision first thing in the morning.
Both Resolve Legal & Nick Adama are contributors for EditorialToday. The above articles have been edited for relevancy and timeliness. All write-ups, reviews, tips and guides published by EditorialToday.com and its partners or affiliates are for informational purposes only. They should not be used for any legal or any other type of advice. We do not endorse any author, contributor, writer or article posted by our team.
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