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Frequently Asked Questions

What should I do if a mortgage foreclosure has been filed or is about to be filed against me?

Garretson Law Office FAQ
Filing a Chapter 13 will stop your mortgage company from pursuing foreclosure. Chapter 13 provides for the filing of plan for paying your mortgage and other debts over time in a series of affordable monthly payments. See similar questions...

What is mortgage foreclosure?

FAQ
If a borrower fails to make regular mortgage payments in accordance with the terms and conditions of the mortgage agreement then the lender can resort to foreclosure. Lender has the rights to put the home for sale in the open market to recover money due to him. See similar questions...

What if a foreclosure is filed against my home before I file?

Tampa Bankruptcy Court
In Florida we can usually stop a foreclosure and give you an opportunity to catch up the mortgage payments through a chapter 13 bankruptcy so long as we file the bankruptcy before the foreclosure sale. If a summary judgment is entered before we file, this may limit our ability to fight the amount owed, so it is best to file as early as possible in the foreclosure process, or before any foreclosure is filed. See similar questions...

How do I find out about mortgage foreclosure sales?

Leon County Clerk of Courts
The sale dates and final judgments can be viewed at www.clerk.leon.fl.us by clicking "View Foreclosures" under "Online Searches" on the Clerk's homepage. You will see the list of sales scheduled, and may select a date to view the case number, style of the case and legal description. See similar questions...

What happens in a mortgage foreclosure?

Frequently Asked Questions about Real Estate
If a homeowner fails to make mortgage payments, the lender may foreclose on the property. Depending on state law and the terms of the mortgage contract, the lender may do a statutory foreclosure without going to court or a judicial foreclosure in court. State laws provide strict regulations regarding proper notices and opportunities to pay before the property is sold in a foreclosure sale. In several states, a homeowner may stay in his or her home during a foreclosure. See similar questions...

Can I get a mortgage if I've had a bankruptcy or foreclosure?

FAQ
We have investors that, based on your situation, would approve you even if you are still in Chapter 13, with the court's permission. A number of other investors have programs with as little as a day after discharge. These mortgages will require a larger (up to 30%) down payment. You may still get a conforming ("A" paper) mortgage if you have re-established at least 2 years of new good credit after your bankruptcy or foreclosure discharge date. See similar questions...

If I have a bankruptcy or foreclosure, can I still get a mortgage?

Mortgage Questions - Mortgage Loan Questions - Home Buying Q...
If bankruptcy or foreclosure was due to extenuating circumstances, has been fully discharged for at least 2 years, and you have re-established good credit, then you may be able to get a mortgage. Some examples of extenuating circumstances include: death of a principal wage earner, prolonged loss of employment for reasons beyond the borrower's control, such as site closings, mergers, or reductions in workforce, or a long-term illness, or disability not covered by insurance. See similar questions...

Can you help me if I am in mortgage foreclosure?

Want Help to Sell Your House or Home Fast, We Buy Houses Fas...
If your are in mortgage foreclosure and you want to keep your house, call us right now (1-800-661-0464). Don't wait another minute! We work closely with one of the top foreclosure consultants in the Philadelphia area, and we can refer your case to them. If that doesn't solve your problem, we may be able to help you delay foreclosure long enough to get your house sold at a decent price. See similar questions...

How long can someone be late on their payments before foreclosure is filed?

MyTrainingSystem.com
There is no set time limit for this as it is the decision of the lender. An average time is typically about three months. See similar questions...

Can I get a mortgage if I've filed bankruptcy ?

Foothill Home Mortgage - Frequently Asked Questions
Yes! Of course, a borrower with no credit blemishes receives a better interest rate. However, the longer the length of time since the discharge, the better the rate and terms you will receive. See similar questions...

When and where are mortgage foreclosure sales held, and how are they conducted?

Leon County Clerk of Courts
Mortgage foreclosure sales are conducted by the Clerk's office according to Section 45.031, Florida Statutes, and are held at 11 a.m., Monday through Friday. The sales are held in the north rotunda, plaza level of the Leon County Courthouse. Prior to the bidding, the deputy clerk conducting the sale will read an announcement informing potential buyers of their rights and responsibilities under Florida law. A description of the property may also be read at this time. See similar questions...

What if my loan is in foreclosure and I want to reinstate my mortgage?

Hopewell Valley Community Bank
You can reinstate your mortgage at any time up to the foreclosure sale date if you pay all past due payments plus any fees and costs associated with the foreclosure. See similar questions...

Can borrowers facing foreclosure get a new mortgage?

Consolidated Mortgage - Frequently Asked Questions and Answe...
Yes, generally we can go to 65% LTV on foreclosures (70% LTV on an exception). These usually are full doc loans requiring an acceptable credit explanation. The loan must make sense, we will not put someone into a worse situation. We have received approvals and closed these types of loans in the past. We recommend that the borrower contact an attorney A.S.A.P. for legal advice and options. See similar questions...

What is a foreclosure?

Frequently Asked Questions
A foreclosure is a legal process in which a bank or other secured creditor sells or repossesses a piece of real property because the owner has failed to make payments on their mortgage. There are four ways the foreclosure process can end: The borrower makes an arrangement with the lender to pay off the default amount to reinstate the loan. The borrower sells the property during the pre-foreclosure period. See similar questions...

How will a past bankruptcy or foreclosure affect my ability to obtain a new mortgage?

Shearson Mortgage - Mortgage FAQ - Loan Process: Application
If you've had a bankruptcy or foreclosure in the past, it may affect your ability to get a new mortgage. Unless the bankruptcy or foreclosure was caused by situations beyond your control, we will generally require that 2 to 4 years have passed since the bankruptcy or foreclosure. It is also important that you've re-established an acceptable credit history with new loans or credit cards. See similar questions...

Can I save my house if the mortgage holder has started a foreclosure action?

Bankruptcy Questions, Lawyer, Attorney in South Carolina,SC,...
long as there has not been a foreclosure sale, even after foreclosure paperwork has been sent to you, the foreclosure action would be stopped with the filing of the bankruptcy case, and the mortgage default could be made up. If you are able to formulate a plan that meets the tests below, and would provide for resuming the payments and making up the default, then a bankruptcy filing would still save the house. See similar questions...

How many mortgage payments can I miss before I lose my house to foreclosure?

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Lenders usually start foreclosure proceedings after you miss three payments. The lender will notify you in writing that you are in default and request a trustee's sale or a judicial foreclosure, so the property can be sold at public auction. You can still pay the overdue amount and the pending payment after they record the notice of default, usually no later than a few days before the property's sale. Do everything you can to avoid foreclosure. See similar questions...

Do my mortgage payments have to be 90 days delinquent before foreclosure proceedings can begin?

West Virginia Division of Banking - Charleston, West Virgini...
No, but refer to your mortgage contract or agreement. It usually defines when foreclosure proceedings may begin. West Virginia Code Chapter 36, Article 8, Section 2 defines the time frames required for funds to be declared abandoned. There are different time frames for different types of funds. Non-interest bearing funds, such as in a checking account are considered unclaimed after five (5) years of inactivity. See similar questions...

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