Foreclosure Pending On Your Home? What Is The Right Thing To Do?
By Karen Oakes, Southern Oregon Bankruptcy Attorney on Aug 12, 2007 in Benefits of Bankruptcy, Chapter 13 Bankruptcy, Chapter 7 Bankruptcy, Consumer Protection, Foreclosure Issues, General Bankruptcy Information, Mortgages, Oregon, Role Of The Lawyer, State Specific Bankruptcy Issues
I have been a consumer bankruptcy attorney for sometime. Folks have always had financial crises that bring them into my office to find a solution or get advice. Lately however, more and more folks are coming in as a result of a pending foreclosure.
Sometimes bankruptcy is an option, but other times, the solution may lie outside bankruptcy court. What prompts me to post this evening are the several couples who have come to see me in the last two weeks—couples who have waited until the week of foreclosure to get legal advice. Here in Oregon, we are a non-judicial foreclosure state. That means mortgage companies do not have to go to court to foreclose on a home, but they must give lots and lots of notice. Typically, there is about a six-month notice period, and yet…people wait, hoping things will get better, applying for new mortgages, getting involved in foreclosure rescue scams, attempting debt management programs.
At the point you get a notice of foreclosure, it is worth the time, the money, the embarrassment to get to an attorney’s office who specializes in mortgage issues. Sometimes there are deficiencies in the way the mortgage was closed, sometimes, the wrong notices are given—but an attorney needs time to look at the documents and carefully analyze the situation. There is nothing more frustrating to those of us who have dedicated our lives to assisting consumers than to be called at the last minute and then be unable to help. Help us help you. Call for an appointment with the closest attorney that specializes in mortgage analysis or consumer bankruptcy when you first get the notice.
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krgjlg | Apr 29, 2008 | Reply
my husband and I filed chapter 13 in Nov. 06 to stop foreclosure on our home. Our chapter 13 plan is current but plan payment is almost more than we make. We would now like to convert to chapter 7 to lower our monthly payments but we still have some past due on our house that won’t caught up until towards the end of our plan. Will our house go back into foreclosure if we convert to a Chapter 7 or can we get permission from the mortgage co. to do this so that they won’t restart foreclosure? Thanks Kim