What should I do if I receive a foreclosure notice? 11 Answers as of September 10, 2013

I am behind on my mortgage payments and I'm expecting to face foreclosure. What should I do after I get a foreclosure notice. I want to hire an attorney, and avoid bankruptcy. Will I need to file to get more time to find an attorney? Or should I look for an attorney now even before I get the notice?

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The Law Office of Darren Aronow, PC
The Law Office of Darren Aronow, PC | Darren Aronow
You can look for a local attorney that you are comfortable with before you get served.
Answer Applies to: New York
Replied: 9/10/2013
Utah Bankruptcy Law Advocates PC | Linda D. Smith
If you have been served with a foreclosure notice you really have four options. The first is that you bring your mortgage payments current which will force the mortgagor to release the foreclosure and show that you are current again. Second, you can file for Chapter 13 bankruptcy relief and include the arrearage in a bankruptcy plan to catch up the payments over time. Third, you can surrender the property to the mortgagor and allow the foreclosure to take place, or give the home back (called a "deed in lieu of foreclosure") but this choice will likely land you in bankruptcy anyway. Finally, you can hire a realtor to do a short sale (basically sell the property for less than the value). The mortgage company has to approve a short sale but if they do you are off the hook.
Answer Applies to: Utah
Replied: 9/10/2013
Pelsinger | Kenneth Pelsinger
You need to consult an attorney who specializes in Foreclosure Litigation, do not attempt to answer the summons and complaint without a attorney who has handled a case both in Federal Court and State Court, since you do not want to waive certain defenses that you can assert against the Bank at a later date, In addition you must assert Counterclaims against the Bank. Bankruptcy should be your last option. There are many options you can use, but don't go down this road alone.
Answer Applies to: New York
Replied: 9/10/2013
Janke Legal Consulting | Bruce C. Janke
I don't understand what you mean by filing to get more time to find an attorney. If this will be a California nonjudicial foreclosure, you will receive a Notice of Default followed by a Notice of Trustee's sale. There is no court action in which to file anything. In some very rare circumstances, an attorney could file a lawsuit against the lender to delay the sale, but you can't prevent it entirely, even with bankruptcy. If you want to save the property, the best solution is to negotiate a modification or other plan with the lender that will bring the loan current over time. There may be some attorneys or other professionals who can help you with that process. You may want to start by contacting your local Housing and Urban Development (HUD) office. That office is set up to assist people facing foreclosure. Now, if you are talking about a judicial foreclosure, then yes, you should speak to an attorney right away. If you don't know the difference between judicial and nonjudicial, or you don't know which one would apply to your loan, you should at least pay for a one hour consultation with a real estate attorney to have it explained to you.
Answer Applies to: California
Replied: 9/10/2013
Law Office of Jack Longert, LLC | Jack Longert
Look for an attorney now. They may be able to help you stop the foreclosure altogether depending on the facts of your case.
Answer Applies to: Wisconsin
Replied: 9/10/2013
    The Law Offices of Mark Wm. Hofgard, Esq.
    The Law Offices of Mark Wm. Hofgard, Esq. | Mark Hofgard
    Sometimes there are defenses to foreclosure, sometimes there are not. It is generally wise to obtain legal counsel sooner rather than later so that you understand the process, time frames, and available remedies. The attorney should review the mortgage transaction and any modifications, as well as all correspondence to/from the servicer of the loan. You need to establish your objectives: retain the property, obtain a modification of the loan, reinstate the current loan, eliminate/reduce deficiency. Also explore the programs available from the loan servicer HAMP, in-house modification, forbearance agreement.
    Answer Applies to: Colorado
    Replied: 9/9/2013
    Stacy Joel Safion, Esq.
    Stacy Joel Safion, Esq. | Stacy Joel Safion
    You can attempt to modify the loan through a modification or short sale the property. You need to act quickly.
    Answer Applies to: California
    Replied: 9/9/2013
    Mark S Cherry, Attorney at Law, PC
    Mark S Cherry, Attorney at Law, PC | Mark Cherry
    Apply for a Modification with your lender. There are free non-profit HUD approved agencies to assist you.
    Answer Applies to: New Jersey
    Replied: 9/9/2013
    Marc S. Stern
    Marc S. Stern | Marc S. Stern
    Hire the attorney NOW. There are many things that can be done but they require time and the best thing is to have the attorney BEFORE the problems start.
    Answer Applies to: Washington
    Replied: 9/10/2013
    Mauritz Van Niekerk, Attorneys at Law
    Mauritz Van Niekerk, Attorneys at Law | Christiaan van Niekerk
    Will have limited time after you receive the notice so go see an attorney now.
    Answer Applies to: New York
    Replied: 9/9/2013
    Frank Law Group, P.C.
    Frank Law Group, P.C. | David E. Frank
    You should retain an attorney know. Don't wait. Lots can be done early.
    Answer Applies to: California
    Replied: 9/10/2013
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