How can I stop a foreclosure sale? 14 Answers as of August 24, 2011

Whats the best way to stop a foreclosure sale, possible to rescind the signature & void the contract on face of documents with a certified copy & then refile them again at the records for the fraud that has been displayed by the Mortgage company?

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Breckenridge and Walton
Breckenridge and Walton | Alan D. Walton
You need a court to stop it either state Circuit court or Bankruptcy court.
Answer Applies to: Michigan
Replied: 8/24/2011
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
Well, a bankruptcy will temporarily stop the sale. As for getting a restraining order in state court to stop the sale, that will be a difficult task. I have not seen much success in that maneuver.
Answer Applies to: California
Replied: 8/15/2011
Tucker Legal Clinic
Tucker Legal Clinic | Samuel Tucker
File a Chapter 13 bankruptcy. Don't play games.
Answer Applies to: Mississippi
Replied: 8/15/2011
Lake Forest Bankruptcy
Lake Forest Bankruptcy | Anerio V. Altman, Esq.
Foreclosure sales can be stopped by the filing of any chapter in Bankruptcy. In regards to rescinding signatures and everything else you've mentioned, very, very, very slight chance of that happening in California, but consult an attorney-Basically, unless you were incapacitated when you signed the contract, it is unlikely.
Answer Applies to: California
Replied: 8/15/2011
Greifendorff Law Office
Greifendorff Law Office | John Greifendorff
The best way to avoid a foreclosure sale is to pay the debt. Your question should be addressed to a bankruptcy attorney with experience of mortgage issues.
Answer Applies to: California
Replied: 8/15/2011
    Bankruptcy Law office of Bill Rubendall
    Bankruptcy Law office of Bill Rubendall | William M. Rubendall
    Bankruptcy will stop a foreclosure sale. If you suspect there is a defect in the foreclosure sale or the documents regarding a loan contact a real estate attorney handling those kind of matters.
    Answer Applies to: California
    Replied: 8/15/2011
    The Law Office of Mark J. Markus
    The Law Office of Mark J. Markus | Mark Markus
    By filing bankruptcy chapter 13 or 11.
    Answer Applies to: California
    Replied: 8/14/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    The one proceeding that always, absent a prior bankruptcy, stops a foreclosure is a bankruptcy. As to what you should or should not (or can) do, and there may be other options, a lawyer would need to review the details of your case.
    Answer Applies to: Georgia
    Replied: 8/14/2011
    Law Office of Maureen O' Malley
    Law Office of Maureen O' Malley | Maureen O'Malley
    You can't do any of the things you suggest. You must see a lawyer to be sure it's done properly.
    Answer Applies to: Virginia
    Replied: 8/14/2011
    Grasso Law Group
    Grasso Law Group | Charles Grasso, Esq.
    If you can't come to an agreement with the lender directly, then you can file civil lawsuit and ask the court to stop the sale or you could file for bankruptcy (if appropriate), which would put a stay on the sale.
    Answer Applies to: California
    Replied: 8/14/2011
    Judith A. Runyon, Esq. Attorney at Law
    Judith A. Runyon, Esq. Attorney at Law | Judith A. Runyon
    Talk to a real estate attorney. This is not a bankruptcy question
    Answer Applies to: California
    Replied: 8/13/2011
    CONSUMER PROTECTION ASSISTANCE COALITION, INC. (DE).
    CONSUMER PROTECTION ASSISTANCE COALITION, INC. (DE). | Gary Lee Lane
    we do lawsuits and bk.
    Answer Applies to: California
    Replied: 8/13/2011
    Colorado Legal Solutions
    Colorado Legal Solutions | Stephen Harkess
    A bankruptcy filing will stop a foreclosure sale. A Chapter 13 case will allow you to stop the foreclosure sale and catch up your payments over time. A Chapter 7 case will delay the sale for a month or so, but the foreclosure will continue unless you get current with your mortgage. If you are looking to rescind the mortgage based on some sort of fraud, you will need to sit down with an attorney and flesh out the details and then file an action in district court. However, if you rescind the mortgage contract, you will have to be prepared to immediately give back any money that the lender paid to you or to another mortgage holder when you purchased the house. Rescinding a contract requires that you give back anything resceived as a result of the contract.
    Answer Applies to: Colorado
    Replied: 8/13/2011
    Heupel Law
    Heupel Law | Kevin Heupel
    The best way to stop a foreclosure is to file bankruptcy. A Chapter 7 will buy you time and a Chapter 13 can save the home. Trying to rescind a deed of trust in Colorado does not work as we are a "bearer paper" state meaning any note holder can foreclose on a delinquent property. Kevin D. Heupel
    Answer Applies to: Colorado
    Replied: 8/13/2011
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