Although the sheriff sale of a property is not always the end of the line in the foreclosure process, homeowners should do what they can to have the auction postponed. Even up to the day before the sale, there are a few different ways that they could still try and stop the county property auction. But it would be a good idea to have some sort of solution worked out that will let the borrowers keep the home or sell it quickly, because most of these ideas only postpone the auction for a short period of time. They do not stop it entirely, as that is up to the owners themselves.
First, borrowers can simply call up the foreclosing bank and ask the customer service representative to postpone the sale because they are working on some plan to save the house. Many people would probably be surprised at how easily most banks will agree to hold off on the auction and give property owners an extra month to put together a long term plan to keep the house. Obviously, homeowners should have some solution being worked on and submit written proof to the lender, but the bank can stop a sale at any time, even a few hours before a home is scheduled to be sold.
Second, borrowers in foreclosure can try and work in the local court system for a better solution. If the house is scheduled for a sheriff sale at all, the mortgage company got a foreclosure judgment against the owners and the house is being sold to satisfy that judgment. But foreclosure victims can always hire an attorney to help them reverse the judge's decision or appeal it to a higher court if the bank violated other laws and procedural rules in getting the judgment in the first place.
Third, hiring a personal bankruptcy lawyer and filing Chapter 7 or 13 will immediately halt a sheriff sale. The bank will not be able to pursue collection activities for as long as the house is in bankruptcy, which may give the owners the extra time necessary to put together another plan. But borrowers should not file bankruptcy the day before or the day of the auction, because the sale will probably go through and then have to be reversed later on, which can be quite difficult.
Chapter 13 bankruptcy will result in homeowners being given a legal payment plan to get back on track with their mortgage and other debts. The court will expect them to pay the regular monthly payments plus a portion of what they have fallen behind. For many homeowners, this can be prohibitively expensive, so they should either make absolutely sure they can meet the requirements or have a longer-term solution in mind that can be worked on almost immediately and will result in more manageable payments. But bankruptcy can give owners enough breathing room to apply for a foreclosure loan or find someone to purchase at a short sale, among other potential options.
In many cases, having a sheriff sale scheduled indicates a critical point in the foreclosure process, as legal ownership of the property will be transferred to the high bidder at auction. Although this may not be the end of the road, depending on state foreclosure laws, homeowners should do what they can to postpone this date if they are attempting to find a longer term plan to stop foreclosure. Asking the bank to postpone, defending the case in court, and filing bankruptcy as a last resort can all help borrowers stop a sale and give them extra time to find better solutions.
The answer is yes, quite a few things. Here's a quick list:
1. Take legal advice from a qualified lawyer or counsellor, preferably someone with extensive experience in foreclosures.
He should be able to point to work he's done in the past. With the upsurge in foreclosures, we can be sure that a lot of barely-qualified people will be trying to horn in on making money from other people's distress.
2. Keep all correspondence and relevant documents in an organised file.
If you have to go to court, or consult with your lawyer, this will save time. You'll have the facts at your fingertips.
3. You may consider filing a lawsuit to enjoin or stop the foreclosure.
This might work if procedural errors were made in the foreclosure or in the loan origination.
4. A reinstatement.
You promise to pay a lump sum to the lender to make your payments current (up to date) by a specified date.
5. A repayment plan.
The lender adds a portion of the past due amount, to a specified number of payments, in order for the borrower to make up his arrears. This is instead of paying one lump sum covering all the arrears in one go to the lender.
6. A 'special forbearance'.
The homeowner receives a payment schedule adjustment. They may also receive a suspension of payments for a certain period of time. This can be arrived at by discussion with the lender.
7. A 'Mortgage modification'.
The homeowner extends the loan period or refinances their current loan to get a lower rate and thereby have lower monthly payments.
8. Remortgaging.
If you have enough equity in your property you might be able to change lenders and start again.
9. Bankruptcy is a temporary solution.
It will stop the foreclosure for a short time only. It may give you some leverage in resolving the situation. Consult with your lawyer, as local laws vary.
10. Selling the property.
Some find that selling their home is best. They do it with a pre-foreclosure sale. They sell their home for an amount less than the total mortgage amount. One can ask lender to put the foreclosure on standby to give one time to sell, so as to get the best price possible.
11. Submit a deed in lieu of foreclosure.
You deed the property over to the lender. This has less of a negative effect on your credit rating. It won't prevent you from losing your home, but you won't have a foreclosure on your credit history.
12. Do something, rather than nothing.
Properties are often foreclosed on people who sat still and did nothing, in the hope the problem would somehow 'go away'. Once you get a letter from a lender about a missed payment, that's the time to get moving. Get on the 'phone, get writing, and work out a plan to keep your house. The longer you leave it, the worse your situation becomes.
The lender doesn't want to evict you. They want money. Maybe you can work something out?
Both Nick Adama & T. O' Donnell 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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