Monday, April 15, 2019

Options You Have When 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.

If a lender made procedural errors along the way, this can be a basis for getting the courts to invalidate the foreclosure notice. In your state, there are guidelines that dictate how lenders can handle the foreclosure of any property. These guiding principles mainly protect borrowers and give them a right to retain ownership of their properties, even after failing to keep up with mortgage payments.

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.

Another viable fighting strategy you could consider is to file for bankruptcy. Under chapter 13, you will be given a chance to reorganize your debts and catch up with overdue payments, including your mortgage repayments. For this tactic to yield fruit, it will be necessary for you to file the bankruptcy petition as soon as possible.

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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