Archive for the ‘foreclosure rights’ Category

The Problem of Your Foreclosure Rights

Tuesday, February 1st, 2011

Unfortunately, the primary problem of your foreclosure rights is that you do not really have all that many. Your mortgage company has more rights than you do when it comes to your foreclosure. The simple fact is that they have the right to foreclose on your home if you are not making your agreed upon payments. Your mortgage company can decide to try to work with you, or they may not. There is not much you have in the way of legal recourse if your mortgage company decides that they do not want to offer you alternatives to foreclosure.

So what can you do if your lender does not want to work with you? Getting a third party involved may help. Try the route of free government or non-profit agencies that offer help to work with your mortgage company. They may be able to get further than you can. If that fails, you may want to get some legal advice to see if there is any legal action that you can take. Perhaps your mortgage company would be more willing to work with your attorney than directly with you. And if that does not work, you can try the route of filing bankruptcy. Be sure to get a qualified bankruptcy attorney who understands your situation and all of the laws involved. In chapter 13 bankruptcy, your lender is required to work with the bankruptcy courts and has to abide by the decisions made by those courts.

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Finding Your Rights in Foreclosure

Friday, January 7th, 2011

Finding out what your rights in foreclosure are can sometimes feel like a difficult and at times, impossible, task. At times it may even feel like you do not have any rights at all and that instead it is your mortgage company that has all of the rights.

Unfortunately, you are playing with loaded dice when it comes to foreclosure and they are weighted on behalf of your lender. That is because the simple truth is that when you default on your loan, your bank has legal options they can take to secure their interest. Because their loan is secured by your home, they do have the legal right to take your home if you do not pay.

So what are your rights and what can you do? You always have the right to get your loan current and pay all fees in order to stop the foreclosure. Your lender cannot take your home if your payments are current and you have paid all of their fees. You may also have the right of redemption. If your bank has done anything illegal, you also have the right to legally fight your foreclosure. The laws vary by state so be sure that you understand what your rights are in your state.

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What Can You Do About Your Rights in Foreclosure?

Saturday, December 18th, 2010

Your rights in foreclosure are somewhat limited by the state that you live in and how the foreclosure process works in your state. So one of the most important things that you can do when you are in the midst of foreclosure is to find out what exactly your rights are. Only once you know what they are can you do something about them.

These rights can help you determine what legal actions you can take to save your home. Even if your mortgage company will not work with you, there may be legal documentation that you can file to try to save your home. There may be a right to cure or a right to redeem in your state. If there is a right to cure, it means that you have the right to come up with all of the back payments and fees that you currently owe your mortgage company before the scheduled sale date. If there is a right to redeem, it means you have the right to come up with the entire loan balance and fees due the mortgage company. There are timelines involved with these so be sure to understand what those timelines are so that you have the best chance to save your home.

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What Do You Know About Your Foreclosure Rights?

Friday, November 19th, 2010

What you do not know can hurt you. It can also mean the difference between saving your home and not.

What you need to know about your foreclosure rights depends on what your situation is. If you want to save your home, you need to inform yourself about what avenues are available for you to do that. Is there a right to cure process in your area (the right to get your loan payments current)? Is there a right of redemption in your state (the right to pay off the entire balance of your loan)? Is there judicial or non-judicial foreclosure in your area? You have the right to respond to any judicial procedures that your mortgage company starts. You also have the right to be present at any court dates set.

If you are not interested in saving your home or have come to the conclusion that you cannot, then your best bet is to focus your energy on finding out about what the eviction process looks like in your area. How long can you stay in the home? When can you be legally evicted? Who has the legal authority to evict you? Be sure to understand the answers to these questions so that you know how much time you have to find a new place to live.

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An Overview of Your Rights in Foreclosure

Monday, September 27th, 2010

Your rights in foreclosure vary. It is all dependent upon what state you live in and whether or not your foreclosure is judicial or non-judicial. State and local resources will be your best source of information about the specifics of your rights.

As with many areas of life, you have the right to have an attorney represent you and your interests. If you are having problems communicating with your mortgage company or if you believe they have done something illegal, getting an attorney may be the best course of action. If you can, try to get an initial consultation with an attorney without retaining their services. A consultation about your situation may be all that you need and a consultation will cost you a lot less than retaining an attorney.

One of your rights in foreclosure may be the right to redeem your home after it has been sold at auction. Check to see if your state has a right of redemption. If they do, find out how long it is and what you need to do in order to get your home back.

If your home does get sold, there are also certain eviction procedures that must be followed before you are removed from your house. In many places, the timeframe is not that long. You may have three days or less to pack up your belongings and be out of the home. Be sure to understand what the eviction procedures are for your area.

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What Are Your Foreclosure Rights?

Tuesday, August 31st, 2010

Unfortunately, the answer to that question is, it depends. Mostly it depends on what state you are in. Each state has different laws and timelines when it comes to foreclosure rights. You need to do your research and find out what those laws are in your state.

You can do this through online research and by contacting state and local agencies. Your state, city or county will likely have foreclosure resources for you. HUD is also a good place to look for help.

No matter what state you live in, part of your foreclosure rights includes the right to legal counsel. If you can afford it, this is a good idea. A qualified attorney will know about foreclosure law in your state. They should also be able to explain to you exactly where you are at in your foreclosure process, what legal rights you have, and what options are available to you.

You also have the right to ask your mortgage company to stop contacting you. Again, you will want to check the laws on this to see if they legally have to stop contacting you if you request it. You might want to send the request in writing and be sure to date it.

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What to Know About Your Foreclosure Rights

Monday, March 29th, 2010

There are some critical things that you need to know about your foreclosure rights so that you can protect yourself and save your home. The laws in your state dictate many of these rights so becoming familiar with your state laws is critical. But the really important pieces are:

1. Knowing what the timeline is for foreclosure in your state. It starts with knowing when your mortgage company can begin foreclosure on your home. Can they start it after one missed payment or does it take a few months? Once the process is started, how soon is the foreclosure sale scheduled? After the sale, how long do you have to get out of the house? These are all important questions that you need to know the answer to.

2.  What specific rights do you have in your state? Can you file an intent to cure? This is something that you will file with local authorities that indicates that you intend to get the payments on the loan current. If your mortgage company will not talk to you, this can be something that is a last ditch effort to save your home. Does your state have a right of redemption period? If so, how long is it? A right of redemption means that if you can come up with all of the money (the entire loan balance plus fees) due the mortgage company, then you can save your home. If your state has one, this happens after the foreclosure sale is complete.

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What are the rights of a tenant after a foreclosure occurs?

Thursday, March 18th, 2010

Tenants in a rental property that is being foreclosed on, have rights!

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Tenant Rights in Foreclosure Brian Williams(1)

Monday, March 15th, 2010

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Foreclosure Help : About Foreclosure Rights for Homeowners

Friday, March 12th, 2010

In order to foreclose on a piece of property, the lender must proceed in a fashion that has been set forth in the statute of a given state to provide notice and an opportunity to redeem the mortgage. Find out how foreclosure rights can vary from state to state with help from a civil mediator in this free video on foreclosure law.

Expert: Robert Todd
Bio: Robert Todd is the managing partner and president of Robert M. Todd, P.A. and Family Law Solutions.
Filmmaker: Christopher Rokosz

Duration : 0:1:34

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