why do lawyers advertise filing bankruptcy to protect your home from foreclosure ?
952012
I would file 13 and sell it later.  It is a bad time to sell right now.\n\nCoach
1139131
either way you will need a bankruptcy attorney. the purpose of the corporation is to protect your personal assests no matter how big you are. if you used any personal property to gaurantee anything you can lose it. anything you personally agree to cover is a binding contact. but there are new laws now that make it harder to file.
947437
Just my opinion....but I've seen this from a lot of differant angles.\n\nI have seen a lot of very smart paralegals...and a lot of very dumb lawyers.  Just because they are a lawyer does not make them extremely smart or immune from screwing up a case.\n\nIn many law offices, the paralegal does a lot of the actual work, and is "probably" capible of doing a bankruptcy case.\n\nBut you need to keep one very important point in mind.  Under the new bankruptcy laws, if you make one mistake...missfile one form...goof up one procedure...then your bankruptcy case will be dismissed.  If that happens you can not file again for one year.  In that time, you can bet your creditors will do everything they can to get their case to court and get their money within that time!  Especially now that they know you are filing for bankruptcy.\n\nSo with that said...if you have a very simple bankruptcy you could probably get away with a paralegal.  But anything else, I would highly recommend a qualified lawyer.
1109824
Foreclosure is dependent on the contract.\nSome contracts imply that if you're one minute late, the house belongs to the bank. Don't let it happen!
265097
Chapter 13 bankruptcy, in summary, is a way of keeping some assets that you might not be able to keep under chapter 7, but it also has more stringent requirements on payment of creditors.  You should probably use an attorney to file chapter 13 bankruptcy.  The proof of claim forms are sent by the courts to the creditors that you list.
315368
There are probably several legitimate websites that offer this. You just have to pay for it. There is also a number in the Thrifty Nickle-whatever it is called where you live-free paper, that has the number you can call to get a list of foreclosures in your area.
585212
Your only relief is Chapter 13 Bankruptcy. Ch13 is reorganization. It is effective the day you file it. That stops all foreclosures instantly. You still have to pay the mortgage. Nobody gets burned. But the court will allow you to keep your things and make the payments.\n Don't confuse this with a Chapter 7 bankruptcy. CH7, is a complete insolvency, It's done and over, all bills are wiped out.\n CH13, no bills are wiped out, you still have to pay them, but the court will not let anyone foreclose or repossess.\n\nGood Luck.
291833
I guess it depends on what type of bankruptcy you want to do cause they have several like chapter 7. 11 and 13 and some are meant for buiness owners only and can be costly too. it also depends on if you want to eliminate everything and then certian debts can't be eliminated which is best to talk with a attorney the laws are changing all the time.
935661
You call your bankruptcy attorney and ask them.
586709
I don't know. It probably differs from state to state.\n\nTechnically, a foreclosure is when a bank seizes a house because the payment terms have not been met on the mortgage. Often, a bank, the title holder, evicts the borrower, and they sell it for at least the balance-due for the loan.\n\nUpon foreclosure, the bank owns the property, and it's common for the bank to evict it's "tenants." I guess this hasn't happened.\n\nAs for the auction, once the house changes hands again, the bank is no longer the owner, so it'll be the new owner's call as to whether or not your neighbors are evicted. He *can* opt to keep them in the house, most likely for rent payments, but it's likely that he'll have them evicted and do what he wants with the house -- either rent it to someone else, move into it himself, demolish it, or resell it at a premium.
897310
You are actually better off than people who just break a lease and run.  Because you included the debt owed to the previous landlord as a part of your discharged debt from your bankruptcy, it should not be held against you for future rentals.  Most all landlords will run your credit when you apply for an apartment and a  recent bankruptcy isn't going to look good, but it might be a little better than an unresolved judgment against a deadbeat tenant.  As a safeguard a landlord might require a larger deposit considering the risk of your recent behavior, or you could suggest it to change a "I won't rent to you" into a "when do you want to move in".  Don't harp on the "emergencies" that you endured, but rather how much more financially stable you are today than ever before.
823428
If the sheriff is selling something in a foreclosure sale that means that the owner was sued, lost, failed to pay the judgment and the property is being sold to satisfy the debt.\nThe owner could have gotten extensions during the lawsuit, the post judgment proceedings and the appeal.\nAt this point, time has run out.
1087331
probably not. bankruptcy needs seasoning in order for you to be eligible to get another refinance or mortgage. if its within the past year then it's too soon.
266160
Take your contract to a lawyer and look for an opt out.  Homeowner associations are notoriously corrupt.  For instance they can force a sale of property by claiming they never got your money and then their friend buys it up at a forclosure auction that isn't advertised.
793193
If you're in danger of falling behind on your mortgage, or if you're already delinquent, it's important to know what's ahead and what your options are. Usually, the faster you move, the more choices you'll have about your financial future.\n\nFiling for Chapter 7 or Chapter 13 bankruptcy protection sometimes paves the best path for debtors to retain their houses and deal with their creditors. Advantages of bankruptcy include the debtor’s ability to stop foreclosure without creditor acceptance and encompassing more than just the mortgage debt with a single action. If bankruptcy emerges as our first recommendation, your personal circumstances must be well suited for this option. In most cases bankruptcy comes as a last resort. While you may file bankruptcy on your own, you will almost always be better served to hire a qualified, experienced bankruptcy attorney.\n\nIn Chapter 7 all nonexempt assets are turned over to the bankruptcy trustee and debts discharged. Exemptions vary by state. In most cases the debtors possess so few assets that they may keep everything and have all of their debts wiped out completely. If a chapter 7 will not yield this result it may not be the best option. In Chapter 13 a plan outlines how the debtor will pay creditors over a three to five year period. Only a Chapter 13 can stop a creditor from foreclosing on a delinquent debtor over a period of years. Under a chapter 13 the court retains the right to scrutinize finances of the debtor for the life of the reorganization plan. For a Chapter 13 to work payments under the plan must be kept up or the court protection will evaporate and the house will go to foreclosure. To learn more read the chapter 13 bankruptcy FAQ.\nFull Payoff Refinance\n\nBorrow enough money on a new mortgage to pay off the balance on the old mortgage including arrearage and legal fees. This happens more often then one might guess. If the debtor has enough equity in the house, bad credit will not stop them from getting a new loan.\nFull Re-instatement\n\nIt doesn’t get easier than this, find out how much arrearage is owed and pay it in full. If a debtor could do this they probably wouldn’t be reading this, but just in case, know it exists as an option. In fact, most state laws grant the home owner the absolute right to re-instate before the foreclosure and require that the bank accept the full re-instatement and stop the foreclosure. Unless a creditor gives a debtor a hard time, they should not need outside help on this option.\nGive Up the Property\n\nToo often people refuse to examine this as an option. The problem may be that the homeowner cannot afford to stay where they are. If the debtor will not be able to keep the house in the long run it may not be advisable to throw a lot of money into a futile effort to save it from foreclosure just for the short run. Any cash available may serve them better if put towards a new place to live. If you owe more than the house is worth, look at a deed in lieu of foreclosure as described above.\n\nTerms can be negotiated with the creditor for debtors to stay in the house as long as possible before moving. Where debtors have equity in the house, try to arrange preserving it by selling it prior to foreclosure. In some cases other equity preservation strategies may be used when foreclosure cannot be avoided.
730506
It's scary. Our research department is constantly asked to research information regarding what consumers fear is a scam and in most cases their fears are true.\nHere are some of the links that we have from our previous research.\nDreams Foreclosed – Scams about foreclosures – A pamphlet*:  http://www.consumerlaw.org/news/ForeclosureReportFinal.pdf \nPredatory Lending information from ABA: http://www.aba.com/Consumer+Connection/CNC_pred1.htm \nFDIC Emerging issues in Banking*: http://www.fdic.gov/bank/analytical/fyi/2003/091703fyi.html \nMortgage Loan Fraud a report* http://www.fincen.gov/MortgageLoanFraud.pdf \nIf you wish to conduct a more detailed free research on your inquiry you should go to our educational real estate research page http://www.realestateformnm.com/ResearchLink.html there you will find more links for real estate related research than any other site.\nBuena Suerte
914771
Yes, there are investors who do real estate transactions like this on a daily basis.  It can be a great option for someone in your position to stop foreclosure, save your home, and remain in possession of the property.  If you find an investor who will help you do this, you may even end up with lower monthly payments, if they qualify for a low interest rate.\n\nThe only big thing you should be worried about is investors who scam homeowners out of their homes.  While most investors are not like this, you don't want to run into one of the criminals out there.  Some of the most common investor scams are below, so if you feel like you're in any of these situations, then think about finding another investor.\n\nSigning over the title.  With this scam, you will be forced or tricked into signing over the title to your home.  A potential investor will assure you that paying them an up-front fee and signing over your home will cause the mortgage company to record the foreclosure against them, saving your credit.  This is simply not true – because the mortgage is in your name, you are responsible for paying it, and you will be the one foreclosed on.  The investor who you have given your property to has virtually no obligation to help you and will walk away with the fee you have given them.\n\nSurprise quit-claim deeds.  Sometimes, while working with an investor, you will find out that you have signed a quit-claim deed.  What this does is gives the investor all of your ownership rights in the property.  This is used most commonly when individuals want to get rid of their properties very quickly and simply give them away, usually as a gift to a close friend or family member.  In this case, though, it is used to steal your home and the equity you have built.  If the quit-claim deed is valid and recorded, you have effectively given your property to the investor.  The investor can then do whatever he pleases with the property, including selling it for more than you owe and taking the entire sale proceeds for himself.  Or, the investor may place a second lien on your property, allow it to go into foreclosure, and be entitled to a portion of the price it sells for at the sheriff sale.\n\nExpensive leaseback arrangements.  The lease-option (or leaseback) scam has come under fire by many state attorneys general recently.  In this arrangement, an investor will offer to purchase your home and allow you to lease it from them and purchase it back when you have repaired your credit.  While this may work out in the best interests of all involved, a number of criminal investors have severely taken advantage of homeowners with this scam.  They will structure the monthly payments much higher than what you can afford, and then evict you when you fall behind in payments.  Another way this scam can work is if the buyback price is higher than the original payoff of your home.  If you can not buy the property back at that price, you will be evicted.  But even if you can get a loan for the full buyback amount, the investor will walk away with all of your equity.\n\nEquity skimming.  This scam may also be called “equity stripping,” and it is usually aimed at elderly, minority, or otherwise vulnerable homeowners in foreclosure.  It may be accompanied by a lease agreement or a quit-claim deed, but always involves selling the home to the investor.  Usually the investor will promise to pay off your mortgage if you sign over your house to them.  You may be allowed to stay there as a renter, because the investor will rent the house while he is the owner of it.  However, the investor will not pay off the mortgage, will collect the rent, and let it go into foreclosure.  Then he will sell the home, take all of the equity, and you will have the foreclosure on your credit.\n\nGood luck stopping foreclosure, though.  Hopefully everything will go according to plan.\n\nForeclosureFish\nhttp://www.foreclosurefish.com/