Options To Consider When Intending To Fight Foreclosure In Northwest Indiana

By Nancy Kennedy


There are very few things in life that can be more stressful that receiving a foreclosure notice. The good news is that losing the place you call home is not always inevitable. After evaluating your situation in detail, a foreclosure attorney could tell you whether or not you have a chance of retaining ownership of your property after fighting the proceedings. If you are facing foreclosure in Northwest Indiana, there are several proven defense strategies that may come in handy.

In each state, there are strict guidelines hat determine how lenders should handle matters foreclosure. These procedures protect borrowers from automatically losing their homes when they fail to make mortgage repayments as agreed. If you are able to establish that your lender failed to follow the laid down guidelines and there are procedural errors at any point, you may move to court to fight the foreclosure.

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.

It is not easy to fight the terms of your mortgage contract, especially because you agreed with them and even signed the dotted line. It remains crucial for you to work with an attorney who can ensure that your best interests are protected. The lawyer will demonstrate how grossly unfair these terms are and perhaps even demonstrate how a specific lender attempted to take exploit you financially.

Choosing to file for bankruptcy under Chapter 13 is another viable option you have. This chapter offers individuals in debt a chance to recover and catch up on overdue payments by making a reorganization plan. For you to stop foreclosure using this strategy, you must act quickly for things to work in your favor.

If reorganizing your debts is not a practical option you can consider, you may have no choice but to file for bankruptcy under Chapter 7. The petition will in this case not protect your home from being foreclosed, though it will stall action from your mortgage lender. You can use that extra time to gather funds and save your property.

An automatic stay is instantly triggered when you file a bankruptcy petition. As you may already know all collection activities from creditors should stop and this includes foreclosure. It may take months for your case to be cleared and you can use this time to gather funds and save your property.

For bankruptcy under Chapter 7 to bear the intended fruit, you must file your petition before the foreclosure. This will ascertain that you also dodge a deficiency judgment. In case your foreclosed home fails to fetch money amounting to your default loan, a lender can file a lawsuit to collect the deficiency. Fortunately, the mortgage balance is discharged after filing a petition and this means your lender cannot pursue the deficiency.




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