Wednesday, April 10, 2019

Understanding The Various Possible Ways Of Fighting Foreclosure In Northwest Indiana

By Nancy Kennedy


After receiving a notice that your home is due for foreclosure, the first thing you are likely to do is panic. Fortunately, the notice does not always mean that you have to lose your home. A foreclosure attorney can evaluate your situation and tell you whether you have a winning chance if you choose to fight the proceedings. When facing foreclosure in Northwest Indiana, there are three sure strategies that may be helpful.

You could begin by trying to prove that there was a procedural error. In each state, there are strict guidelines that govern how lenders can foreclose a property. These guidelines protect borrowers to a certain level because they give them certain rights even in the event when they have fallen behind on their payments. If the state guidelines were violated at any point, you have a real chance of saving your home from being foreclosed.

Another means you can use to escape the loop is to demonstrate the unfairness of the terms and conditions of a lender. Typically, loan contracts favor the lenders because of the risks they face. Even so, you can save your property from being foreclosed if you make it clear to the courts that the terms of the lending agreement are unconscionable and legally unenforceable.

With your signature on the dotted line of a lending agreement, fighting the terms of a contract will not be a walk in the park. In this case, the greatest favor you owe yourself is one of hiring a seasoned attorney. The professional will find the best approach to demonstrate that specific lending terms are grossly unacceptable. The specialist may even target demonstrating how a lender tried to financially extort you.

Another practical option you may consider is to file for Chapter 13 bankruptcy. This offers a reorganization plan and you will get room to breathe and catch up on overdue debts, including mortgage payments. If you want to stop foreclosure by seeking bankruptcy relief, the need to act fast must not be underestimated.

At this point, you are possibly wondering when is the most ideal time to file a bankruptcy petition with the hopes of dodging foreclosure. Well, there are instances when filing under Chapter 7 is the most ideal option that one has. In this case, a bankruptcy petition may not save you from losing your home, though it will delay action from your lender. The extra time you get can be used to gather finances and save your home.

The instance you file your petition, your creditors will be forced to stop collection efforts. Your mortgage lender can therefore not attack you, at least not for several months. A bankruptcy case takes a while to be cleared and this would be invaluable time for you to work on saving your home.

You should file a bankruptcy petition under Chapter 7 before the date of the foreclosure. The idea is for you to dodge getting a deficiency judgment. In some instances, the foreclosed home does not fully cover the default loan and the difference is referred to as a deficiency. After filing a petition, your mortgage balance will be discharged, meaning your lender has no right to pursue the deficiency.




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