How to Stop Foreclosure - What You Can Do to Help Yourself?

Brian Higdon asked:

If you are behind on your house payments or if you already find yourself in foreclosure, there are some steps you can take to stop or at least slow the process. The first thing to know in how to stop foreclosure is what you can do to help yourself. There are a number of ways that you can help yourself to stop the foreclosure of your home and gain a greater financial security. The threat of losing your home is something that can have an adverse effect on every aspect of your life.

The first thing to do is take the time to rid yourself of stress and frustration. These two things will prevent you from seeing options that may be open to you but not obviously in front of you. Once you have done that take a calm look at your entire situation.

Steps To Take In How To Stop Foreclosure

The first thing to do is find out how much money you need every month to make your payments on your property as well as on all of your other living expenses.  Look at your utility bills, your car expenses, food, etc. Add all that up. Next add in your mortgage payment, your taxes and insurance. Once you know how much you will need to pay every month, you can move on to the second step.  

The second step in how to stop foreclosure is to see where you can cut back on the expenses you determined from step one.. If you have the time, save up all the receipts for several months. This will give you a good idea of where your money is going. Separate all of these into different categories and write out the amounts.

Bills, food, work or transportation, insurances, and extras, should cover the basics. Then break it down. Extras are things that you purchase but do not really need. Things like cable TV, the extra satellite TV packages, the gym memberships or subscriptions to websites. All of these can be cut out for a few months while you get everything back in order.

Once you have cut these expenses consider cutting back on things like electricity and phone usage if you have a computer and a decent internet connection you can cut long distance expenses completely with a variety of online programs that allow you to make phone calls for less then what you pay for long distance service. Cut extras like call waiting and caller ID.

Car pool to work or to the grocery store with friends, family or a friendly neighbor, this can help with expenses. You can also do things like cut back on name brand buying in the store. Store brands are usually just as good and a better deal. These are just some of the ways you can help yourself if you are asking the question how to stop foreclosure.

 

Once you have an idea of where your money comes from and goes to, consider getting a second job, third job or more. Sell some of the stuff that is stacking up in your closets or maybe in storage.  Can your spouse start working?  Working a second job?  Can you find cheaper or free child care?  When you need to stop foreclosure, you really need to become creative in finding ways to cut your spending and increase your income.

In Foreclosure Need to Refinance

Published on 22 Jan 2009 in Stop Foreclosure, by

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Legal Defenses to Foreclosure

Foreclosure Fight asked:


The following are legal defenses to foreclosure to beat the bank:

 1.       Truth in Lending Act (TILA) violations enabling rescission.  If your loan is a refinance, the bank must have provided you a set of disclosures at the time of closing.  If these disclosures are inaccurate, the loan is statutorily rescindable under TILA.  For example, in a foreclosure action, the finance charge must have been accurate within $35 or the loan may be rescindable.  This means the loan is cancelled and all money paid to the lender is refunded.   

2.       Truth in Lending Act (TILA) violations enabling damages.  If you purchased the property  with the loan or used the proceeds to refinance and proper disclosures were not given, then you may be entitled to money damages to offset the foreclosure.

3.       Home Ownership and Equity Protection Act (HOEPA).  This is a very powerful federal law governing high cost refinance loans.  If your loan is under $150,000 or the initial rate was above 8%, you should evaluate your loan for violations of this act.  Violations here enable rescission and substantial money damages that can be in excess of the loan’s dollar amount.

4.       Failure to Provide a Correct Notice of the Right to Rescind.  There is a specific notice that must be provided to refinance customers at closing.  If this form is inaccurate or incorrect, the loan is rescindable up to three years after the closing date. 

5.       Breach of Contract.  Many times the lender will do things that are unfair or unjustified before starting the foreclosure process.  Just as you have an obligation to pay the mortgage, the lender has a responsibility not to interfere with your ability to do so – like force placing insurance making the payments substantially more expensive than they should have been.

6.       Real Estate Settlement Procedures Act.  This federal law governs many types of disclosures that lenders must provide at the time of closing, in addition to prohibiting things like kickbacks and unearned fees.  It enables damages, and sometimes rescission if the error triggers TILA.

7.       Fair Debt Collection Practices Act.  This federal law requires servicers or lenders who obtain the mortgage after default follow specific protocol in attempting to collect on the debt.  A failure to follow this law enables statutory damages and attorney’s fees.

8.       Fair Credit Reporting Act.  This federal law governs lenders ability to report information about the mortgage and requires the accurate reporting of negative information.  Violations of this act also enables damages and attorney’s fees.  Punitive damages might be available under this act.

9.       Real party in interest.  This is a procedural defense to foreclosure that can be extremely effective at stopping the lender’s ability to foreclose.  It essentially questions the ownership of the mortgage and questions whether the foreclosing party is, in fact, the holder of the mortgage and note.

10.   Unconscionability.  This defense is focused on the events surrounding the creation and closing of the mortgage loan.  A violation here gives the court great leeway in deciding whether the mortgage should be voided or changed.

11.   Failure to state a claim upon which relief can be granted.  This general defense attacks the lender’s ability to foreclose and is can be used in conjunction with one of the other foreclosure defenses.

12.   Failure to establish conditions precedent.  Want to get a foreclosure action thrown out of court right away?  Use this defense that attacks the lender’s pre-foreclosure processes.

13.   Failure to comply with FHA pre-foreclosure requirements.  FHA requires every lender to mail a booklet called “How to Avoid Foreclosure” and set up a face-to-face meeting with the borrower before foreclosing (in most cases).  If the lender does not take these steps, then it cannot foreclose.



foreclosure refinance

Published on 21 Jan 2009 in Stop Foreclosure, by

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