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?Free Case Evaluation by a Local Lawyer!
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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 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 | Samuel Tucker
File a Chapter 13 bankruptcy. Don't play games.
Answer Applies to: Mississippi
Replied: 8/15/2011
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
John Greifendorff | Greifendorff Law Office
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 | 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 | Mark Markus
By filing bankruptcy chapter 13 or 11.
Answer Applies to: California
Replied: 8/14/2011
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 | 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 | 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
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). | Gary Lee Lane
we do lawsuits and bk.
Answer Applies to: California
Replied: 8/13/2011
Harkess and Salter, LLC | 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 | 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
