Missouri Foreclosures Legal Questions

If you are asking how long it takes to be evicted from property after a foreclosure, the answer depends on how quickly the new owner seeks an eviction order. Eviction orders typically take about two weeks to obtain. My general estimate is that you have approximately one month after the sale date, but you may be able to arrange for more time. Some banks will offer you money ("cash for keys") to be out by a certain date given that you leave the property in good shape. ... Read More

I have seen mortgage companies return payments due to a balance owed from previous months. The mortgage company was refusing to accept payments if the amount was not paid in full. I suggest contacting your mortgage company and asking them to explain the reason for the returned payments. You may need to seek advice regarding potential foreclosure if you are behind and cannot come current on the loan. ... Read More

Lawyers typically charge a retainer upfront. That money is placed in a client trust fund and only transferred to the attorney as the money is earned. In my experience, there is little an attorney can do to speed a loan modification that you cannot do yourself. I suggest being very careful about out of state firms which promise to help you avoid foreclosure and charge monthly fees regardless of the amount of work done on your behalf. I suggest making sure that you are paying an hourly rate for work completed, and not a standard fee that is charged regardless of court appearances of filings. Do you have a sale date? If you can get yourself in active consideration for a modification the bank will typically cancel the sale date. A Chapter 13 bankruptcy can be an effective tool to protect your home from foreclosure, and bankruptcy filings can be used to stop home sales. Do not be afraid to ask tough questions and use your best judgement. This information is intended to be general in nature and not specific to your circumstances. For specific legal advice, clients must meet with an attorney in person. Until such time, no attorney-client relationship is intended or formed.  ... Read More

Generally speaking, you can delay a foreclosure sale by filing for bankruptcy protection even if you do not complete the bankruptcy. I suggest you consult with an experienced Texas bankruptcy attorney. You may be able to legally protect the cash by using it to purchase exempt property and then filing bankruptcy. ... Read More

No. You were in default and the only thing they are required to do is notify you of that default. The foreclosure process itself has notice requirements but they do not have to offer you loss mitigation under your loan documents. Some banks that accept government money are required to offer these programs but they can pursue foreclosure at the same time as they are reviewing your modification package.... Read More