Once you have fallen behind on your mortgage payments, it is only a matter of time before you have to deal with foreclosure. Now obviously, stopping the foreclosure process is going to be easier if you take action before the day of the sale or even on the day of the sale. But if you missed your chances earlier, there is still a way to stop foreclosure at the last minute.
While we don’t recommend letting the foreclosure process go until the last minute, there are still a few steps that you can take to salvage the situation. But you should keep in mind, the longer you wait, the more limited your options are going to be. If you’re already at that point where your options are getting pretty limited, here are our last minute options to getting out of foreclosure:
The best way to stop the foreclosure process at the last minute is to file for bankruptcy. As soon as you file the bankruptcy papers with the courts they will issue what is called an automatic stay. It is the automatic stay that will put an immediate stop to the foreclosure process. In most cases the stay will give you an extra three or four months to get things straightened out.
Lenders can file a motion with the courts to lift the stay, and if granted, they can continue with the foreclosure process. But filing the motion and getting it granted takes time, so you can still expect some delay. Filing a Chapter 13 bankruptcy can also help you save your home even if you are already in foreclosure, while a Chapter 7 will not allow you to save your home but will buy you more time.
Sue the lender
This option only applies to people who live in a state that currently allows nonjudicial foreclosures (Click Here to see if your state is on the list). Living in a state that doesn’t require foreclosure to go through the court system gives you the option to sue your lender, which will slow down the foreclosure process. However it’s up to you to show why the foreclosure should not take place. This option is quite costly and without any evidence, it will only delay the process, rather than stop it.
Apply for a loan modification
This option cannot be done the day of the sale, but if you start the process when you get your first foreclosure notice you should have a good shot. To apply for a loan modification you will need to call your lender and go through the approval process. If you get approved, it will halt the foreclosure process unless you default on your payment again. The loan modification process can be time consuming, so it’s best to apply as soon as possible.
Quick Home Buyers
Remember: no matter how little time you have, you can call 800-BUY-KWIK and they can get you a cash offer on your home no matter how close to foreclosure you are!