Sunday, April 14, 2019

Understanding The Various Possible Ways Of Fighting Foreclosure In Northwest Indiana

By Nancy Kennedy


A foreclosure notice can turn your world upside down. It is best to act with speed and seek legal counsel for you to know whether you have the slightest chance of saving that place you call home. A seasoned foreclosure attorney will study your case and provide guidance to ensure that salvage as much as you can. If you want to fight foreclosure in Northwest Indiana, there are a few strategies you may use.

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.

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.

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.

If repaying your mortgage balance is clearly impossible, you should file for chapter 7 ahead of the foreclosure to save yourself from deficiency judgment. This is when the foreclosed home is sold for less that the value of your default loan. Once you have filed your petition, the mortgage balance is discharged and your lender cannot take further action against you in case of a deficiency.




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