How To Stop Foreclosure On Your Home
You only have to be late making a mortgage payment once for a lender to begin foreclosure proceedings. When you are struggling with home loan debt and other forms of debt, it can feel impossible to ever catch up. The good news is that debt relief options are available and, in some cases, you may even be able to hold onto your home. Seeking advice from a skilled New Jersey bankruptcy lawyer could help you determine the best path forward.
The attorney at the Law Offices of Darin D. Pinto, P.C., provides experienced guidance through bankruptcy and debt relief. Darin D. Pinto and his team will provide you with personalized, responsive representation that is designed to help you achieve lasting solutions to the problem of overwhelming debt.
What Happens During Foreclosure?
Foreclosure is the process that allows a bank to take legal possession of your home. This is a complex process with several moving parts, such as:
- Default: You must miss multiple payments. You must be at least 120 days late on paying your mortgage before the bank can begin the process.
- Notice: To formally begin the process, the bank must send you a letter of its intention to foreclose. This notice gives you at least 30 days to pay what you owe.
- Complaint: Once you receive notification and if you have not gotten current on your loan, the lender will make a complaint, which starts the foreclosure proceeding in court.
- Summons: You will receive a personal copy of your summons or, barring that, one will go into the local newspaper.
- Response: This is your final opportunity to address the issue before the lender files for summary judgment.
- Judgments: There are several judgments that happen at the end of the foreclosure process. The final of these is “foreclosure,” which sends the full ownership of the home to the bank, which will then sell it.
The New Jersey foreclosure process is lengthy, and you have many opportunities to address and resolve it, but it can be tricky to do on your own.
What Are My Options To Stop Foreclosure?
Stopping foreclosure once it begins is definitely possible, and there are several legal mechanisms you can pursue. There is no one-size-fits-all answer, and because of that, attorney Pinto and his team at the Law Offices of Darin D. Pinto, P.C., do a customized assessment of your situation. From there, you will be guided on the appropriate path forward, which may be one of three options: bankruptcy, loan modifications or short sale.
If a lender has begun foreclosure proceedings or is threatening you with foreclosure, you can seek relief by filing for Chapter 13 bankruptcy. When you file for bankruptcy protection, all collections actions, including foreclosure, will come to an immediate stop. In some cases, this gives people the time they need to get up to date with their mortgage payments. For others, this may prove to be impossible. If you are unable to catch up on your payments, it may be possible to modify your loan as part of the Chapter 13 process, lowering your payment to something that is more affordable. Attorney Pinto understands how to negotiate with mortgage companies and will do everything he can to keep you in your home if that is your goal.
Restructuring the terms of your loan is an important tool when avoiding or stopping foreclosure. It’s an ideal option for several reasons, not the least being that lenders are often motivated to negotiate. Keeping you paying your loan in some form at all is generally more profitable and cost-effective for them than foreclosing. However, just because it is a sensible option doesn’t mean it is one that the lender will do happily. It can take an experienced lawyer such as Mr. Pinto to bring the negotiation home.
Attorney Pinto can help you before and after foreclosure proceedings. Before proceedings start, he can help you lower your monthly payments, often persevering through a great deal of red tape. After proceedings begin, he can help you halt the foreclosure through bankruptcy and let you catch up on your loan payment.
There’s no easy answer, but the team at , will work hard to help you move forward.
In some cases, saving your home may be impossible. However, you may be able to get out from under your home without the damage that a foreclosure can cause to your credit record. Attorney Pinto can request that your lender agrees to a short sale if your home is worth less than what you owe. The bank will take the money from the sale and use it toward your debt. In some instances, a buyer may assume the mortgage outright.
If a short sale is not the right fit for your situation, you may be able to seek a deed in lieu of foreclosure. In these cases, you would sign the deed to your home over to the bank without having to go through the foreclosure process. Mr. Pinto can help explore your options to determine the best approach to your situation.
The Law Offices of Darin D. Pinto, P.C., Is Here To Help
Attorney Pinto understands how stressful it can be to be in danger of losing your house. He is here to help shoulder some of that stress while getting you on the path to a better financial future. To schedule a consultation, call the firm at 908-913-6168 or contact it online. Mr. Pinto and his dedicated team serve clients throughout New Jersey from their office in Westfield.
Law Offices of Darin D. Pinto, P.C., is a debt relief agency. It helps people file for bankruptcy relief under the Bankruptcy Code.