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Home Improvement → Help - where to fax to stop foreclosure "sale"

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inGearX 3.1415 9265 join:2000-06-11 New York	inGearX Member 2012-Nov-19 10:16 pm Help - where to fax to stop foreclosure "sale" a friend has a foreclosure sale date set on Monday he can't afford an attorney ... so tomorrow he is applying for a bankruptcy himself... that will give him a chance to postpone the foreclosure/sale to stop the sale he needs to fax / notify the court I guess that is doing the foreclosure "sale date" that is set on Monday I said I will ask my friends online... here I am ANY help is much appreciated... Thank you...
	actions · 2012-Nov-19 10:16 pm ·
Camelot One MVM join:2001-11-21 Bloomington, IN	Camelot One MVM 2012-Nov-19 10:49 pm Re: Help - where to fax to stop foreclosure "sale" You would fax it to the court handling the foreclosure case. But if it is set for sale Monday, he may be out of luck.
	actions · 2012-Nov-19 10:49 pm ·
inGearX 3.1415 9265 join:2000-06-11 New York	inGearX Member 2012-Nov-19 11:09 pm said by Camelot One: You would fax it to the court handling the foreclosure case. But if it is set for sale Monday, he may be out of luck. right :/ so we would just find the courts fax # and fax it to them along with all the other appropriate information and they would know what to do with it?
	actions · 2012-Nov-19 11:09 pm ·
Zorack join:2001-12-14 Fayetteville, WV	Zorack to inGearX Member 2012-Nov-19 11:15 pm to inGearX Who are you faxing it to,a Judge? Or the entity that is holding the sale? He should have thought of this stuff way before it was coming to this,he might be royally screwed.
	actions · 2012-Nov-19 11:15 pm ·

hortnut Huh? join:2005-09-25 PDX Metro	hortnut to inGearX Member 2012-Nov-19 11:28 pm to inGearX What State? Laws vary by State and seem to be very specific on Foreclosure. Site to check for some tips for each State - »www.realtytrac.com/forec ··· re-laws/ Here is an e-how article on stopping it on same day- »www.ehow.com/how_7629676 ··· day.html Plus even though Bankruptcy is through another Court System, there are variances from State to State, such as what exemptions that can be claimed. Are they going 7 or 13? Your friend needs to talk with an Atty ASAP. Depending where he lives there may be special programs through their State Bar for reduced fees. Or in many cases, an Atty should be able to give a free consult over the phone. Do not know until tried. Other than that Google is your friend's, friend.
	actions · 2012-Nov-19 11:28 pm ·
DannyZ Gentoo Fanboy Premium Member join:2003-01-29 united state	DannyZ to inGearX Premium Member 2012-Nov-20 2:47 am to inGearX said by inGearX: he can't afford an attorney ... He can't afford to NOT have an attorney. Seriously. I doubt this will end well for your friend this late in the game.
	actions · 2012-Nov-20 2:47 am ·
dogma XYZ Premium Member join:2002-08-15 Boulder City, NV 1 recommendation	dogma to inGearX Premium Member 2012-Nov-20 3:45 am to inGearX 1.) He should contact NYLAG - who provides high quality, free civil legal services to low-income New Yorkers who cannot afford attorneys.... (assuming he is in New York) first thing. 2.) He has not paid his mortgage for at least 4 Months, probably more like a year. Yet can't afford a lawyer to file BK paperwork with the court on his behalf? What has he been doing with his money? 3.) Although the Foreclosure date is Monday, that is not the eviction date. Once the property is foreclosed on, the bank (assuming the bank takes back the property), must then initiate eviction proceedings, which is another court affair. I don't know about NY, but that will probably take at least 2 Months to run it's course. Probably longer. 4.) Your friend is only delaying the inevitable considering he has waited to the last possible minute to do something, and that he doesn't have the relatively small $$ for a mouthpeice. Either he has had a series of major calamities, or he's a procrastinating dead beat. Either way, Instead of assisting him with scamming the court system to score a few more Months of free housing, why don't you help him plan a strategy for a fresh start?
	actions · 2012-Nov-20 3:45 am ·
Beezel join:2008-12-15 Las Vegas, NV 1 recommendation	Beezel to inGearX Member 2012-Nov-20 5:42 am to inGearX Not sure about all states, but I think you have to go to a debt management counseling class as being part of the bankruptcy qualification. The date maybe to close for it to happen. Bankruptcy isn't as easy as it used to be. Self filing is a long shot.
	actions · 2012-Nov-20 5:42 am ·
pike Premium Member join:2001-02-01 Washington, DC	pike to inGearX Premium Member 2012-Nov-20 6:33 am to inGearX That horse has left the barn. The time to contact the court was when they ordered your friend to appear. Ignoring the court order generally results in a default judgement. This means the case is now closed. Thus the auction. You'd be best advised to consult the rules of the court governing your jurisdiction, but generally it's inappropriate for a defendant to directly contact a judge. Any correspondence relating to the case should first be mailed to the plaintiff (bank's attorney of record), then properly filed in person with the clerk of courts, along with a sworn statement of proof-of-service on the plaintiff. A simple fax won't preserve your legal rights, may get you in to trouble, and at best will get lost in a pile of other documents at the clerks office. Your friend is pretty much out of options at this point. Their best bet is to look at the court's website, it will likely provide links to local foreclosure prevention groups that may be able to provide advice. For future reference, and others reading this, most courts now offer free foreclosure mediation. A magistrate will sit down with you and the bank's attorney to discuss options and try to come up with a legally-binding settlement prior to going to trial. I have a friend that exercised this option and was able to keep her house.
	actions · 2012-Nov-20 6:33 am ·
Draiman Let me see those devil horns in the sky join:2012-06-01 Kill Devil Hills, NC	Draiman to inGearX Member 2012-Nov-20 7:34 am to inGearX It's over at this point. You can't wait until the 11th hour and think you can fix stuff. There was dozens of other chances and your friend screwed himself at every turn it sounds like. Tell him to go to the sale on Monday and buy his own place back. That's his only option this late in the game. Tell him next time seek help when the process starts not after the process is 99% over.
	actions · 2012-Nov-20 7:34 am ·
Jack_in_VA Premium Member join:2007-11-26 North, VA	Jack_in_VA to dogma Premium Member 2012-Nov-20 7:48 am to dogma said by dogma: 1.) He should contact NYLAG - who provides high quality, free civil legal services to low-income New Yorkers who cannot afford attorneys.... (assuming he is in New York) first thing. 2.) He has not paid his mortgage for at least 4 Months, probably more like a year. Yet can't afford a lawyer to file BK paperwork with the court on his behalf? What has he been doing with his money? 3.) Although the Foreclosure date is Monday, that is not the eviction date. Once the property is foreclosed on, the bank (assuming the bank takes back the property), must then initiate eviction proceedings, which is another court affair. I don't know about NY, but that will probably take at least 2 Months to run it's course. Probably longer. 4.) Your friend is only delaying the inevitable considering he has waited to the last possible minute to do something, and that he doesn't have the relatively small $$ for a mouthpeice. Either he has had a series of major calamities, or he's a procrastinating dead beat. Either way, Instead of assisting him with scamming the court system to score a few more Months of free housing, why don't you help him plan a strategy for a fresh start? +1. He cannot afford an attorney to protect his most important asset yet he waits until the last minute and gets his friend to post on here for advice? Dogma you are right it seems like he is trying a scam to get a few more months before the inevitable.
	actions · 2012-Nov-20 7:48 am ·
CylonRed MVM join:2000-07-06 Bloom County	CylonRed to inGearX MVM 2012-Nov-20 9:47 am to inGearX Re: Help - where to fax to stop foreclosure "sale" You can't get an answer to this question online and neither can your 'friend'.
	actions · 2012-Nov-20 9:47 am ·
jester121 Premium Member join:2003-08-09 Lake Zurich, IL 1 recommendation	jester121 to inGearX Premium Member 2012-Nov-20 10:18 am to inGearX Re: Help - where to fax to stop foreclosure "sale" Why should he be able to stay in a house he can't afford? These bankruptcy and renegotiation delays are a large part of the reason why the housing market still sucks, which leads to the shitty economy. Losing a house isn't the end of one's life; he goes to live with friends or relatives for a little while, find whatever crappy jobs he can to support himself, and gets back on his feet. Tell him to man up.
	actions · 2012-Nov-20 10:18 am ·
nonymous (banned) join:2003-09-08 Glendale, AZ	nonymous (banned) to inGearX Member 2012-Nov-20 10:44 am to inGearX Not all bankruptcy help is expensive. If your friend had taken the time to shop around could have probably found a bankruptcy place that uses mostly trained legal assistants with a few lawyers backing them up. You deal with the assistants who do have training plus it is all they do so have experience. they have the lawyers behind them to ask questions of or deal with the unknown issues. They know how to stop or slow down foreclosures and all common bankruptcy issues. Usually they are not the ones advertising heavily on TV either.
	actions · 2012-Nov-20 10:44 am ·
medbuyer join:2003-11-20 Memphis, TN	medbuyer to Jack_in_VA Member 2012-Nov-20 10:57 am to Jack_in_VA said by Jack_in_VA: said by dogma: 1.) He should contact NYLAG - who provides high quality, free civil legal services to low-income New Yorkers who cannot afford attorneys.... (assuming he is in New York) first thing. 2.) He has not paid his mortgage for at least 4 Months, probably more like a year. Yet can't afford a lawyer to file BK paperwork with the court on his behalf? What has he been doing with his money? 3.) Although the Foreclosure date is Monday, that is not the eviction date. Once the property is foreclosed on, the bank (assuming the bank takes back the property), must then initiate eviction proceedings, which is another court affair. I don't know about NY, but that will probably take at least 2 Months to run it's course. Probably longer. 4.) Your friend is only delaying the inevitable considering he has waited to the last possible minute to do something, and that he doesn't have the relatively small $$ for a mouthpeice. Either he has had a series of major calamities, or he's a procrastinating dead beat. Either way, Instead of assisting him with scamming the court system to score a few more Months of free housing, why don't you help him plan a strategy for a fresh start? +1. He cannot afford an attorney to protect his most important asset yet he waits until the last minute and gets his friend to post on here for advice? Dogma you are right it seems like he is trying a scam to get a few more months before the inevitable. +1 to the OP: do you really think people here would have the answer for you? and even if people do have something to say, you or your friend MAY or MAY NOT like it at all just like what people told you in your thread...»Sandy ... mom GAVE AWAY her damaged car :/ help analyze!
	actions · 2012-Nov-20 10:57 am ·
hortnut Huh? join:2005-09-25 PDX Metro	hortnut to Beezel Member 2012-Nov-20 1:21 pm to Beezel said by Beezel: Not sure about all states, but I think you have to go to a debt management counseling class as being part of the bankruptcy qualification. The date maybe to close for it to happen. Bankruptcy isn't as easy as it used to be. Self filing is a long shot. For the OP- You are right, that is part of the Bankruptcy Reform - "The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) (Pub.L. 109-8, 119 Stat. 23, enacted April 20, 2005), is a legislative act that made several significant changes to the United States Bankruptcy Code. Referred to colloquially as the "New Bankruptcy Law", the Act of Congress attempts to, among other things, make it more difficult for some consumers to file bankruptcy under Chapter 7; some of these consumers may instead utilize Chapter 13. Voting record of S. 256 [1]. It was passed by the 109th United States Congress on April 14, 2005 and signed into law by President George W. Bush on April 20, 2005. Most provisions of the act apply to cases filed on or after October 17, 2005. It was hailed at the time as the banking lobby's greatest all-time victory.""" --»en.wikipedia.org/wiki/Ba ··· tion_Act For the OP- One can still file an Emergency Bk - "" Filing an Emergency Bankruptcy Case ""If you do not have the time to complete all required schedules and statements, you may file a skeletal petition consisting of the first 3 pages of the petition, the list of creditors names and addresses (creditor list), and filing fee, or partial filing fee - see Filing Fee Payment Options. Either a 7-day notice or a 14-day notice will be issued for the missing items. Click here for detailed instructions for filing a bankruptcy case on an emergency basis."" Note: this is for Bankruptcy District of Rhode Island. --»www.rib.uscourts.gov/new ··· case.asp Northern Distict of California has some differences. Filing a Bankruptcy Case Without an Attorney (Pro Se Debtor): --»www.canb.uscourts.gov/co ··· attorney Nolo has some generic info on the subject. --»www.nolo.com/legal-encyc ··· ing.html Again Google is your Friend
	actions · 2012-Nov-20 1:21 pm ·
hortnut	hortnut to inGearX Member 2012-Nov-20 1:37 pm to inGearX If your "Friend" has large Brass ones, he could file an Emergency BK, and then go to the sale and give copies to whoever is conducting the sale and see what happens. I am not an Attorney, though. I do have some questions that trouble me. What is the purpose of stopping the sale? Does your friend have the money to pay off the creditor on the foreclosure? If he does, then why does he not have the money for an Attorney? Or what advantage on the foreclosure does he think he can gain in the process you have outlined? And why have you not responded to the Other Poster's questions?
	actions · 2012-Nov-20 1:37 pm ·
hortnut	hortnut to inGearX Member 2012-Nov-20 1:53 pm to inGearX said by inGearX: said by Camelot One: You would fax it to the court handling the foreclosure case. But if it is set for sale Monday, he may be out of luck. right :/ so we would just find the courts fax # and fax it to them along with all the other appropriate information and they would know what to do with it? to OP I would sure check that out thoroughly. My searching did not give that as a solution. I found this at Nolo- How Bankruptcy Can Help With Foreclosure Avoid or delay foreclosure of your home by seeking bankruptcy protection. --»www.nolo.com/legal-encyc ··· 631.html A little more on point- My Foreclosure Sale Is Next Week. Can Chapter 7 Help? Chapter 7 bankruptcy can delay your foreclosure sale but it can’t stop it permanently. --»www.nolo.com/legal-encyc ··· elp.html Here are some answers from Attorneys: Will filing an emergency bankruptcy stop a foreclosure sale even if I don't file the rest of the papers within the 14 days? --»www.avvo.com/legal-answe ··· 983.html Quoting one answer: " I recently had a case where the homeowner came to me at the very last minute. We were able to stop the foreclosure with 15 minutes to spare! " What your friend is trying to do is not for the faint of heart. I do have some personal experience where I helped Friends and Family do Personal and Business Bks, 7, 11 and 13's, some were prior to the changes in law in 2005 and since. Lots of preplanning and gotchas. And better be truthful with the Trustee and Courts. Again I am not an Attorney and my Friends and Family all had Attorneys.
	actions · 2012-Nov-20 1:53 pm ·
Jack_in_VA Premium Member join:2007-11-26 North, VA	Jack_in_VA Premium Member 2012-Nov-20 1:57 pm So how does that change the dynamics of the problem. Sooner or later the homeowner is going to lose the house and this legal mumbo-jumbo is just another thing that's wrong now. Pay your mortgage avoid all of this.
	actions · 2012-Nov-20 1:57 pm ·
nonymous (banned) join:2003-09-08 Glendale, AZ	nonymous (banned) to inGearX Member 2012-Nov-20 2:31 pm to inGearX Your friend would still need to keep the house payments current. You may slow down the process but not stop it if no payments are made. Now bankruptcy may and I said may allow your friend to drop some non secured debt freeing up that money to go towards the house. Getting a lower interest rate or reduced payments from everything I have read is mostly a long shot and luck of the draw. So if your friend is thinking of that well not common at all. Plus there are those few people fighting the system on some technicality or another. they know the real law not the one taught to lawyers and judges. Once in a blue moon one of them has a victory or partial victory spurring on all their followers. Do not count on that either.
	actions · 2012-Nov-20 2:31 pm ·
nonymous	nonymous (banned) to pike Member 2012-Nov-20 2:34 pm to pike said by pike: That horse has left the barn. The time to contact the court was when they ordered your friend to appear. Ignoring the court order generally results in a default judgement. This means the case is now closed. Thus the auction. This part is also not a good thing.
	actions · 2012-Nov-20 2:34 pm ·
hortnut Huh? join:2005-09-25 PDX Metro	hortnut to Jack_in_VA Member 2012-Nov-20 2:48 pm to Jack_in_VA Maybe its Cash Flow, or the Friend is awaiting an inheritance or some other such pie in the sky. Maybe some rich relative will lend money after Bankruptcy, it happens. Personally, I lent money to a Friend on a Promissory Note, who had a very good and secure job, after he completed his Bankruptcy. I earned a good Interest Rate and was paid in Full, eventually. Though had to give him a kick in the butt once, that I was going to turn him over to Collections and I would have. I had an Agency I worked with when I had my Business and they would have taken it. Relatives with Businesses that filed 11/13 were able to get financing after filing to keep the business afloat and restructure and emerge from Bankruptcy. People do strange things in Foreclosures and Bankruptcies. I have gone with Friends/Family to some of the Trustee's Hearing and heard all kinds of crap from those before us. Anyway, since we have heard little back from the OP, this thread is more of speculation and an exercise. Although, doubt the Friend has the kind of sophistication mentioned above. OP asked some questions and I gave some resources.
	actions · 2012-Nov-20 2:48 pm ·
alkizmo join:2007-06-25 Pierrefonds, QC	alkizmo to inGearX Member 2012-Nov-20 2:48 pm to inGearX Tell him to get a lawyer. Even if he finds where to send the bankruptcy notice, he may have made a mistake in the paper work, making it invalid, and fail to meet the deadline.
	actions · 2012-Nov-20 2:48 pm ·
stevek1949 We're not in Kansas anymore Premium Member join:2002-11-13 Virginia Beach, VA	stevek1949 to Draiman Premium Member 2012-Nov-20 3:32 pm to Draiman said by Draiman: Tell him to go to the sale on Monday and buy his own place back. "buying it back" means that it went to forclosure. He will still have that on his credit report. The requirements for a sale is usually 10 to 20% down, and the rest within 15 days. If he doesn't have the money to pay monthly, where is he going to get the money to buy it back?
	actions · 2012-Nov-20 3:32 pm ·
bmilone2 join:2001-01-26 Mays Landing, NJ	bmilone2 to inGearX Member 2012-Nov-20 4:08 pm to inGearX Regardless if the poster is able to somehow pull a rabbit out of his hat, one of the stipulations of both a Chapter 7 and 13 is that the person must keep current in the post petition expenses. If they do not the creditor only needs to petition the court regarding violation of the debtors non compliance and the bankruptsy will be dismissed by the bankruptsy court. So unless the debtor has the ability to maintain the post petition payments their stay will be very short lived.
	actions · 2012-Nov-20 4:08 pm ·
Draiman Let me see those devil horns in the sky join:2012-06-01 Kill Devil Hills, NC	Draiman to stevek1949 Member 2012-Nov-21 7:06 am to stevek1949 said by stevek1949: said by Draiman: Tell him to go to the sale on Monday and buy his own place back. "buying it back" means that it went to forclosure. He will still have that on his credit report. The requirements for a sale is usually 10 to 20% down, and the rest within 15 days. If he doesn't have the money to pay monthly, where is he going to get the money to buy it back? Actually the foreclosure won't be on his credit yet just a few delinquencies. I'm glad you get the point of the comment. He's SCREWED!
	actions · 2012-Nov-21 7:06 am ·
alkizmo join:2007-06-25 Pierrefonds, QC	alkizmo Member 2012-Nov-21 9:16 am said by Draiman: Actually the foreclosure won't be on his credit yet just a few delinquencies. I'm glad you get the point of the comment. He's SCREWED! It will still show a lot of late payments, and that he has a mortgage already. There's no way in hell he'd get financing for purchasing a property he already owns.
	actions · 2012-Nov-21 9:16 am ·
Draiman Let me see those devil horns in the sky join:2012-06-01 Kill Devil Hills, NC	Draiman Member 2012-Nov-21 9:36 am said by alkizmo: said by Draiman: Actually the foreclosure won't be on his credit yet just a few delinquencies. I'm glad you get the point of the comment. He's SCREWED! It will still show a lot of late payments, and that he has a mortgage already. There's no way in hell he'd get financing for purchasing a property he already owns. Too many variables to call one way or another. Just an example. If the auction fails once or twice and the original owner cleans up his credit some it's possible they could bid on their own house that is now bank owned at an auction and win it. It's happened before so I know it's possible.
	actions · 2012-Nov-21 9:36 am ·
bmilone2 join:2001-01-26 Mays Landing, NJ	bmilone2 Member 2012-Nov-21 12:27 pm Even if he could come up with the funds to outbid everyone at the Sheriff's sale (which if he cant make the payments now I doubt) he is still responsible to the lender for the difference between the mortgage principle and the amount actually paid at the sale. In many cases it is better to either see if the lender will accept a deed in lieu or let the Sheriff Sale proceed and work on maintaining his other debts current rather then declare bankruptcy.
	actions · 2012-Nov-21 12:27 pm ·