Technical > Home Improvement > Help - where to fax to stop foreclosure "sale"

Help - where to fax to stop foreclosure "sale"

Re: Help - where to fax to stop foreclosure "sale"

reply 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.
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Matt Barlow Rules! Bring him back to Iced Earth! \m/

reply 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/foreclosure-laws/

Here is an e-how article on stopping it on same day-
»www.ehow.com/how_7629676_stop-fo···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.

reply to inGearX

reply 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?

reply 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.

reply 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.

reply 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.
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reply to dogma

reply to inGearX

Re: Help - where to fax to stop foreclosure "sale"

reply to inGearX

Re: Help - where to fax to stop foreclosure "sale"

reply 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.

reply to Jack_in_VA

reply to Beezel

reply 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?

reply to inGearX

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.

reply 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.