QUESTION

What happens when your home goes into foreclosure?

Asked on Jul 12th, 2013 on Foreclosures - Georgia
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Bankruptcy Attorney serving Phoenix, AZ at Law Office of D. L. Drain, P.A.
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It depends on the law of the state where you property is located. If you are asking about Arizona property - here is a link: http://www.dianedrain.com/trustee-sales-foreclosure-overview/.
Answered on Jul 15th, 2013 at 9:22 PM

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Mark Weinstein
Question: What happens when your home goes into foreclosure? Answer: If your house has been foreclosed upon then you no longer own the house. If that is the case, then the new owner, a bank or private owner, will soon be in touch with you to discuss your vacating the property. If you do not voluntarily vacate then an action to evict you from the house may be brought against you. To get you to cooperate, the bank may offer you money to voluntarily hand over the property in good condition. This is sometimes referred to as a" cash for keys" program. If the house has not yet been foreclosed upon, but you have received notice that the bank or other lien holder intends to foreclose on the home, then you have several options. These include, among others: coming current on your mortgage and seeking to have the bank reinstate the mortgage; walking away from the home and letting the bank foreclose; giving the bank a deed in lieu of foreclosure; selling the house and paying off the mortgage or getting short sale approval from the bank in the funds obtained from the sale are not sufficient to cover the mortgage; filing for bankruptcy to get a stay that will temporarily stop the foreclosure which may buy you time to latter reassume the mortgage. You may also qualify for a loan modification program, but you need to be careful because while you are trying to work out a loan modification, often the foreclosure process continues to proceed, and before you can complete the loan modification you may find that the bank has already acted to foreclose on your home. Unfortunately, this has happened to many homeowners. Some of these homeowners may then have an action for wrongful foreclosure depending on the precise circumstances, but it is better to be proactive and not wait until you house is actually foreclosed upon. If you are facing foreclosure, you should seek the assistance of an attorney to discuss which options may be right for you in your particular circumstance.
Answered on Jul 15th, 2013 at 9:22 PM

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