Can we stop the foreclosure if we were not given enough time? 20 Answers as of July 11, 2013

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?

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Dearbonn Law Offices
Dearbonn Law Offices | Ajibola Oluyemisi Oladapo
Yes.
Answer Applies to: Washington
Replied: 6/3/2013
The Law Office of Darren Aronow, PC
The Law Office of Darren Aronow, PC | Darren Aronow
You can file an order to show cause, however, it is not likely to be successful unless your specific case has merit. You should talk to a local attorney to discuss the specifics of your case.
Answer Applies to: New York
Replied: 10/26/2011
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
If the sale has already happened, the bankruptcy court can not help you. Some lawyers have filed suit for wrongful foreclosure. Since these actions are new it remains to be seen how successful they will be. In any event you will not get the house back if it has been sold to a 3rd party.
Answer Applies to: California
Replied: 10/26/2011
Heupel Law
Heupel Law | Kevin Heupel
Unfortunately not. The foreclosure process is distinct and runs it course regardless of what you were trying to do with the bank.
Answer Applies to: Colorado
Replied: 10/25/2011
Attorney at Law
Attorney at Law | Douglas W. Harold, Jr.
There's not much you can do now. A bankruptcy isn't going to allow you to keep your house, certainly not after the foreclosure has happened. Even if you had filed for Chapter 13 bankruptcy, you wouldn’t have been able to keep your house unless you had enough income to make your current payments on time, plus pay a substantial amount every month to catch up the back payments. A Chapter 7 bankruptcy also would have not helped you keep your house, although it would have temporarily stopped the foreclosure (probably for a few months) if you had gotten it filed before the foreclosure sale occurred.
Answer Applies to: Virginia
Replied: 10/25/2011
    Philip R. Boardman, Attorney at Law
    Philip R. Boardman, Attorney at Law | Phil Boardman
    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.
    Answer Applies to: Virginia
    Replied: 10/25/2011
    Law Office of Lynnmarie A. Johnson
    Law Office of Lynnmarie A. Johnson | Lynnmarie Johnson
    I am not sure what you mean by the 30 day redemption period. In MI, as long as you have not vacated the house, you have at least a 6 month redemption period. Unfortunately I have seen this happen many times. The modification people tell you not to worry about the foreclosure sale and then after it has been held, they suddenly can't talk to you. I have had one person, out of thousands, that they offered to rescind the sale, but generally once it has been held, you are done. Stay for free for the six months and save your money. If they come back and offer rescind the sale, good. Otherwise, they may offer to let you lease the house, often at a below market rent, or may offer you money (key money) to leave the house at the end of the six month to leave the house clean and in one piece.
    Answer Applies to: Michigan
    Replied: 10/25/2011
    Charles R. Nettles - Attorney at Law
    Charles R. Nettles - Attorney at Law | Charles R. Nettles
    Unfortunately, no there is no such animal.
    Answer Applies to: Texas
    Replied: 7/11/2013
    Jonathan Basham Attorney at Law
    Jonathan Basham Attorney at Law | Jonathan Basham, PC
    It doesn't appear from your question that the lender made any promises to you about giving you more time to work things out. Assuming the lender followed all the rules for proceeding with a foreclosure (there are many), it would be difficult to set aside the foreclosure. It isn't clear from your facts whether this foreclosure was a non-judicial sale or a sheriff sale following a judicial foreclosure. There is no redemption period following a non-judicial foreclosure (trustee sale following at least a four month notice of the sale). On the other hand, there is a 180 day redemption period following a judicial sale (sheriff sale following a judgment in a lawsuit foreclosing the mortgage). In any event, without evidence that the lender did something wrong or failed to follow the rules regarding foreclosure, there does not appear to be grounds based on your facts to stop the lender from taking ownership and possession of the house. If you believe there are additional facts indicating that the lender proceeded improperly, you should meet with an attorney quickly to review the facts and, if warranted, file a complaint against the lender.
    Answer Applies to: Oregon
    Replied: 10/25/2011
    Bird & VanDyke, Inc.
    Bird & VanDyke, Inc. | David VanDyke
    If your home has already been sold pursuant to the trustees sale your probably out of luck. If there has not been a sale then bankruptcy might save it.
    Answer Applies to: California
    Replied: 10/25/2011
    Buff & Chronister
    Buff & Chronister | G. Scott Buff
    Unfortunately, Georgia is a non-judicial foreclosure state and the process moves rapidly leaving a homeowner facing foreclosure with few options. You could post a bond and ask the Superior Court in the county where the property is located to set aside the foreclosure. There are two reasons the Court would set aside the foreclosure. (1) The foreclosure was procured by fraud and (2) There was some procedural defect in the foreclosure process which would include such things as the failure to advertise the sale properly or crying out the sale out during the wrong date or time.
    Answer Applies to: Georgia
    Replied: 10/24/2011
    Charles Schneider, P.C.
    Charles Schneider, P.C. | Charles J. Schneider
    Unfortunately, no. It would be helpful if you can provide more information so we can come up with a more concrete answer.
    Answer Applies to: Michigan
    Replied: 10/24/2011
    Bankruptcy Law Center
    Bankruptcy Law Center | Bill Zurinskas
    In Colorado, you file your bankruptcy before the sale date of the foreclosure in order to stop a foreclosure.
    Answer Applies to: Colorado
    Replied: 10/24/2011
    Ashman Law Office
    Ashman Law Office | 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.
    Answer Applies to: Georgia
    Replied: 10/24/2011
    Bankruptcy Law office of Bill Rubendall
    Bankruptcy Law office of Bill Rubendall | William M. Rubendall
    You should consult with an attorney to review whether your foreclosure met legal requirements or not.
    Answer Applies to: California
    Replied: 10/24/2011
    Moore Taylor Law Firm, P.A.
    Moore Taylor Law Firm, P.A. | Jane Downey
    I am assuming you didn't answer the complaint and maybe you didn't attend the foreclosure hearing or the sale. Whether you have any rights to save your home may depend upon whether the lender demanded or waived the deficiency. If the creditor waived the deficiency, the sale was final at the foreclosure sale, and bankruptcy will not help you save your home. You may want to look at whether you had equity in the home and how far behind you were. Sometimes it's a blessing not to have to cure the arrearage and just move on.
    Answer Applies to: South Carolina
    Replied: 10/24/2011
    Dan Wilson Bankruptcy
    Dan Wilson Bankruptcy | Dan 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.
    Answer Applies to: Colorado
    Replied: 10/24/2011
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