Internet's first get-out-of-debt community - 134,000 members

My problem is not credit card debt.I am behind in my mortgage and facing foreclosure. What can be done to get back on track?

Posted: Fri Aug 03, 2007 1:18 pm Subject:

You should immediately call your lending company and explain your problems. Most lenders appreciate about your discussing the problems and steps taken to resolve the matter, especially when you are having reasons like health issues or the loss of job. Keep in mind that banks want their payments, not your house. If you think you are not in a situation to talk to them, consult a professional foreclosure negotiator who can help you when you have fallen behind.

Nini (DC)

file bankruptcy very close to the foreclosure date BUT have something wrong with the papers like you went to the wrong credit counselor one that was not approved or pay a part of the fee to the clerk and don't make the next payment. it's a stall tactic, but once you FILE they must stop the forclosure process. not once it's approved. that will buy you some time. of course, don't correct the situation with the bankruptcy court, just let them drop the filing since it was not done correctly.

Posted: Fri Aug 03, 2007 2:31 pm Subject:

Call your mortgage company ASAP and explain your situation. I was behind in my mortgage due to the payday loans and they have put me on a repayment plan and for the next 4 months I have to pay extra until it is up to date. They were more than willing to work with me.

Posted: Fri Aug 03, 2007 3:04 pm Subject:

I have to take issue with the advice given above that states you should file bankruptcy and intentionally falsify the documents in order to stall the foreclosure. This is a very risky thing to do, regardless of your situation. Why would you intentionally do something dishonest in order to stall a foreclosure...it will not buy you enough time to catch up if you are far enough behind to trigger a foreclosure anyway!

Simply call the lender and see if they will work with you on a repayment plan, a workout situation, or if they will re-arrange your mortgage to put the arrearages on the end of your mortgage, rather than at your current stage of the mortgage. Some companies will do this in order to prevent foreclosure.

However, with that being said, if you are so far behind in your mortgage that you can't catch up, and you have already contacted the lender to see if they will work with you, and they won't, then Chapter 13 Bankruptcy may be your only option. But if you intend to go this route, be prepared to do a lot of paperwork, pay a very large attorney's fee (which will be included in your Chapter 13 payment plan - you usually only have to pay the filing fee and your first month's payment up front), and to have your credit marked for several years.

A Chapter 7 filing will NOT save your house - it will eliminate your debt only after your non-exempt assets are liquidated (SOLD) by the trustee in order to pay as many of your creditors as possible - then the rest of your debts will be discharged.

I hope this helps.

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