QUESTION
Can we stop the foreclosure if we were not given enough time?
Asked on Oct 23rd, 2011 on Bankruptcy - Colorado
More details to this question:
Our house was in foreclosure. We were waiting to hear from the mortgage company to see if they would help us.They didn't let us know until the morning of the sale that they wouldn't leaving us stuck we couldn't even file bankruptcy as it was too late. We care now in the end of the 30 day redemption period. We just want to keep our house. Is there any motion that could be filed to stop this so maybe they will work with us?
7 ANSWERS
Family Law Attorney serving Bellevue, WA
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Dearbonn Law Offices PLLC
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Yes.
Answered on Jun 03rd, 2013 at 12:13 AM
Bankruptcy Attorney serving Hampton, VA
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Haven Law Group, P.C.
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Unfortunately, your story happens altogether too often. At this point, filing a bankruptcy will not get your house back. However, depending on your overall financial situation, it still may be in your best interest to file either a Ch. 7 or a Ch. 13 bankruptcy. Sometimes, this becomes the only feasible option in order for you to obtain a fresh start and to pick up the pieces.
Answered on Oct 25th, 2011 at 4:51 PM
Bankruptcy Attorney serving Concord, CA
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William Rubendall Attorney at Law
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You should consult with an attorney to review whether your foreclosure met legal requirements or not.
Answered on Oct 24th, 2011 at 10:58 PM
Glen Edward Ashman
Sadly, this is your fault. The time to see a lawyer is at or even before the foreclosure notice, not until after the date. Since you did not say what state you are in, I can't say if you have any rights remaining (in most states you do not), so call a lawyer in your own state.
Answered on Oct 24th, 2011 at 10:33 PM
Bankruptcy & Debt Attorney serving Longmont, CO
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William Edward Zurinskas
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In Colorado, you file your bankruptcy before the sale date of the foreclosure in order to stop a foreclosure.
Answered on Oct 24th, 2011 at 10:25 PM
Bankruptcy Attorney serving Livonia, MI
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Charles J. Schneider, P.C.
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Unfortunately, no. It would be helpful if you can provide more information so we can come up with a more concrete answer.
Answered on Oct 24th, 2011 at 10:24 PM
Daniel James Wilson
You must not be in Colorado if you have a redemption period post-sale, but my comments will apply regardless. Don't trust mortgage companies who tell you they are working on a loan modification when your house is in foreclosure. I have seen this many times. Unless they continue or cancel the foreclosure sale YOUR LOAN WILL BE FORECLOSED. I believe an attorney or attorneys in California have filed a class-action lawsuit for this abusive behavior. Google it. Lesson to readers who may be in this situation: Don;t trust the mortgage lender. File bankruptcy before the end of the publication period, to buy the greatest amount of time possible. If your lender wants to modify your loan, filing a bankruptcy will not prevent it.
Answered on Oct 24th, 2011 at 6:33 PM