Options You Have When Fighting Foreclosure In Northwest Indiana

By Nancy Kennedy


A foreclosure notice can turn your world upside down. It is best to act with speed and seek legal counsel for you to know whether you have the slightest chance of saving that place you call home. A seasoned foreclosure attorney will study your case and provide guidance to ensure that salvage as much as you can. If you want to fight foreclosure in Northwest Indiana, there are a few strategies you may use.

You could begin by trying to prove that there was a procedural error. In each state, there are strict guidelines that govern how lenders can foreclose a property. These guidelines protect borrowers to a certain level because they give them certain rights even in the event when they have fallen behind on their payments. If the state guidelines were violated at any point, you have a real chance of saving your home from being foreclosed.

Another means you can use to escape the loop is to demonstrate the unfairness of the terms and conditions of a lender. Typically, loan contracts favor the lenders because of the risks they face. Even so, you can save your property from being foreclosed if you make it clear to the courts that the terms of the lending agreement are unconscionable and legally unenforceable.

It is not easy to fight the terms of your mortgage contract, especially because you agreed with them and even signed the dotted line. It remains crucial for you to work with an attorney who can ensure that your best interests are protected. The lawyer will demonstrate how grossly unfair these terms are and perhaps even demonstrate how a specific lender attempted to take exploit you financially.

Another viable fighting strategy you could consider is to file for bankruptcy. Under chapter 13, you will be given a chance to reorganize your debts and catch up with overdue payments, including your mortgage repayments. For this tactic to yield fruit, it will be necessary for you to file the bankruptcy petition as soon as possible.

At this point, you are possibly wondering when is the most ideal time to file a bankruptcy petition with the hopes of dodging foreclosure. Well, there are instances when filing under Chapter 7 is the most ideal option that one has. In this case, a bankruptcy petition may not save you from losing your home, though it will delay action from your lender. The extra time you get can be used to gather finances and save your home.

The instance you file your petition, your creditors will be forced to stop collection efforts. Your mortgage lender can therefore not attack you, at least not for several months. A bankruptcy case takes a while to be cleared and this would be invaluable time for you to work on saving your home.

If repaying your mortgage balance is clearly impossible, you should file for chapter 7 ahead of the foreclosure to save yourself from deficiency judgment. This is when the foreclosed home is sold for less that the value of your default loan. Once you have filed your petition, the mortgage balance is discharged and your lender cannot take further action against you in case of a deficiency.




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