Saturday, April 13, 2013

Stop Foreclosure Milwaukie Oregon By Declaring Bankruptcy

By Camille Nicholson


The simplest way to stop foreclosure Milwaukie Oregon residents should know is declaring bankruptcy. While this option may have some serious legal implications, it is the most effective. A bankrupt person does not have any debt obligation to anyone. The only debts such a person will be required to pay are student loans, alimony and child support. Stopping a lender from repossessing property can therefore be achieved through the various types of bankruptcies.

After deciding to declare bankruptcy, a person should find an experienced attorney with a good track record to help with the paperwork. It is the duty of the lawyer to take the debtor through the entire process of declaring bankruptcy and explain the advantages and disadvantages of the entire process. While bankruptcy may stop the bank from foreclosing on property, the debtor will still need to pay alimony, student loan debts and child support. Knowing this beforehand is important.

When the court receives a bankruptcy petition from a corporate or individual debtor, the petitioner will be given temporary stay until the case is determined. This means that creditors and debt collectors will have to stop going after the debtor. However, a mortgage lender can still petition the court to allow them to foreclosure on property as they wait for the case to be decided.

Chapters 13, 11 and 7 are the most popular bankruptcy chapters in the US. While the structures of these legal options are the generally the same across all the 50 US states, there may be some rules that are unique to each state. This is the main reason why debtors should only work with attorneys who have been practicing in the State of Oregon for many years. The right attorney will advice his or her client about the best chapter to file so as to stop foreclosure.

Upon receiving the notice of default from the mortgage company, the property owner should consider the available options. This may include selling the property for cash so as to pay the outstanding balance of the mortgage loan or short selling the property later on. Another option is getting a hard money loan from a private investor or company. Many people often prefer selling before they receive the notice of default to ensure that they get the best offer possible.

Homes and commercial properties that are about to be foreclosed on by lenders can still be sold to third parties. There are numerous companies that are always willing to buy properties for cash. Property owners can get around 75 percent of the actual market value of their respective properties. This type of transaction make it possible for distressed property owners to get their equity back and clear the balances of their respective mortgage accounts.

Life-changing decisions should be made after careful consideration of all the factors involved. An expert should be consulted to offer an unbiased opinion of the situation. In the case of foreclosures, distressed property owners should consult with real estate and bankruptcy attorneys, real estate brokers or financial advisers among other experts.

When searching for methods to stop foreclosure Milwaukie Oregon property owners should take their time to carefully analyze each of the available options. All the pros and cons should be weighed to determine the best option. If a method seems unsuitable, other options can always be considered.




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