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Loan modification, foreclosure defense, short sales and other strategies for the burdened homeowner

15 ways to delay foreclosure or even stomp it to pieces

Welcome to day one of the trial version of sort sale your home and get paid course, today we’re going to be talking about ways to extend the time you have in foreclosure. I’ve come up with over 15 different ways and if for some reason you found one that I haven’t included and fill in the feedback down at the bottom of this page to let me know. I’m going to talk about these different ways but I want to make it clear that I don’t condone all of these activities for all instances. By using these strategies you may be able to buy yourself some more time for your particular situation. Remember I’m not an attorney, the only legal advice I’m giving you is to check with an attorney for legal advice.

This information is for educational purposes only and you should always consult with an attorney first and by the way making sure you consult with an attorney.
Delay foreclosure technique number 1- The first and probably one of the more well known ways of delaying a foreclosure is chapter 7 bankruptcy. Any kind of bankruptcy will immediately stop your foreclosure where ever it is. A chapter 7 bankruptcy will actually dissolve all debt and absolve you of the responsibility to pay your debt. It will temporarily delay foreclosure with the US bankrupmoretcy court. Usually it will buy up to 45 to 75 days, sometimes more sometimes less depending on your local foreclosure system and your local bankruptcy court judge as well.

Delay foreclosure technique number 2- The second way of delaying is chapter 13 bankruptcy. This type of bankruptcy reorganizes your debt and creates a payment plan. The most recent law changes mean that more people will be forced to file this type of bankruptcy. If you were to simply file this bankruptcy but never make the payments it will still buy you has much as 45 to 75 days and sometimes even more. Again it differs from municipality to municipality. If you make payments according to the plan and properly include mortgage debt in the bankruptcy you should be able to permanently stop foreclosure, however, I warned you in lesson one of that typically a chapter 13 payment plan is not realistic. It is very difficult to be successful with a chapter 13. However it will force your lender into a payment plan.

Delay foreclosure technique number 3- Another way that people use to delay foreclosure is what I call a “hybrid bankruptcy solution.” You want to check with an attorney on this but it is where you could actually file a string of bankruptcies to increase the time even more. Typically you can’t file one bankruptcy after another. However I have known people who mixed it up a little bit. For example a husband could file Chapter 13 and delay the foreclosure. Then when that gets kicked out of bankruptcy court and is days from the foreclosure sale he could file Chapter 7 bankruptcy and delay it more. Then when that gets kicked out of bankruptcy court and is approaching the sale date the wife could do the same thing filing Chapter 13 and Chapter 7 strategically. Such a strategy used by itself has been known to delay foreclosure for more than a year of extra time. Obviously there are attorney fees involved but what’s an attorneys fee when you didn’t have to make your house payment.

Delay foreclosure technique number 4- File a written answer in the court system, asking for more time. You need to do that as soon as you get notice of legal action. This could easily buy you an additional 30 to 60 or more days. If you don’t file a answer typically the case goes straight to default judgment and the foreclosing lender doesn’t even have to prove the facts of the case which makes it much cheaper, easier and quicker for the plaintiff.

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  • Jon Millar

    I have been trying to do a loan modification and the bank is being very difficult with us to delay the auction date. It is approaching rapidly on Sept 8th and I do not know what to do… I owe $200k more than it is worth so I cannot figure out why the bank would not want to work with me. Do you know of any good attorneys in Utah to call to try and dispute something???? I am running out of time… thanks

  • http://mortgagerx.org Andy

    Hello Jon,

    I apologize for not replying sooner. My internet was down as I moved this long holiday weekend. the only thing i know of in a short time frame situation is to plead with the bank for mercy and give them some incentive if possible to move it… or of course you could do bankruptcy which is the ace in the hole here.

    Andy

  • sandy

    we are in our 70′s and live in Florida. we “sold” our home to our son, who, at the time, was buying into a GM Dealership in Anniston, Al., this was right before the housing market tanked, our home at that time was worth around $280,000.00. We allowed him to take money out of the homes equity and he made the house payments. We would be able to continue to live here until we passed away. Well, the housing market tanked, the payments were really high, his GM Dealership was one of the ones closed by GM and he lost everything. Including this house. We are still here in it, and now he is having to file Chapter 7. My question is, will this delay the foreclosure as the house is in his name? I would really appreciate any information you could give me regarding this. Sincerely, Sandy

  • http://mortgagerx.org Andy

    If the loan is in his name or the house is in his name to my knowledge this would delay the foreclosure. Of course this isn’t legal advice. There are things about your situation I don’t know as well. I am very sorry to here of your predicament.

  • http://Www.wic.com/trusteedelay/td Daniel k

    Great article. Our firm uses some of these tactics for our clients. I want to let you know about the 16th way.
    Subpena lender foreclosure filing paperwork. They routinely will automate the process or robo-stamp these filings. GMAC recently stopped all foreclosures for this very reason and other lenders do this too. You can also sue the actual investor who owns the mortgage. It’s a variation on produce the note and ties up your foreclosure in court

  • http://iAndyMOrris.com admin

    Hey Daniel, Thanks for that info. Yes I have been ready to write a blog post on that. It seems to be getting a lot of news attention. http://rtsl.us/2c. Based on what I read most of the lenders are in fact doing this practice which is basically illegal. Along the same line also I ran across an attorney who would send out 23 pages of discovery requests and it would delay foreclosure because it took so dang darn long to answer… even if a foreclosure is completely valid.

  • Debbie Price

    Can you recommend a good foreclosure attorney in the cleveland area? I live in North Olmsted.

    Thanks.

  • http://iAndyMOrris.com admin

    I recomend Attorney Eli Tamkin… see him here… http://tamkinlaw.com

  • http://d_black_acura@yahoo.com David

    Hey there….I came across your page and found it interesting. I live in the Ft. Lauderdale, FL area and I have been tied up with Aurora Loans on a “modification” for almost a year now. The seeming endless entanglements and qualification adjustments and lost paperwork have driven me mad. Now I understand why only a small percentage of mortgagees have had any luck with this process. The bank is planning on doing a final foreclosure sale on Dec. 14…..any good foreclosure attourneys or any advice particular to Florida foreclosure laws you could recommend?

  • John Dunlevy

    Do you know a very knowledgeable creative foreclosure defense attorney in orlando. Thanks

  • DAN Z

    Do you know the name of a good foreclosure attorney in the Elgin, Illinois ?

  • sean barrett

    I need help as my home is in the foreclosure process. We are negotiating with the lender after a forensic audit was completed and it shows many lender violations. During the negotiating process a sales date has been set. I need help to delay that date. I live out of state and need assistance. Please advise

  • http://mortgagerx.org Andy Morris

    I have found those audits to be worthless unless you have a really knowledgeable attorney who has the balls to stick it to them. That attorney is hard to find and rarely will take a case on a contingency basis. Most of the companies that do audits seem to claim they will do all these miracles and lenders will be so scared and will lower mortgage balances yada yada. All lies. However regarding delays there are usually a few good defence attorneys. Start with seeing if you can find a free one through your local HUD counselors. They have resources. Of course you sometimes get what you pay for but free is nice if you have no money.

  • John Vincelli

    Andy, i hope you don’t my input here but I work for a Foreclosure Delay Group. We work in all Non-Judicial Foreclosure states. If anyone that is on here is in need of time and TIME ONLY. We have the ability to delay a foreclosure for up to 24 months. It can be quite helpful for anyone who needs to get their ducks in a row before the house is sold, i.e. short sale, loan mod, etc. If you don’t mind, i would like to be able to leave my contact info for anyone in need of that help. Please let me know.

    • M.Debra Musselman

      I’m interested in finding out more about your service.

      Please contact me.

      Debra

    • http://solutions2green.com Dallas Trippy

      HI John,
      I think CA is different, can you recommend a good Attorney who could delay a Foreclosure? Thanks

      Dallas Trippy
      949-309-7525

      • http://mortgagerx.org Andy Morris

        Dallas,

        I recomend you contact your local BAR. If you are lower income try legal aid but you get what you pay for…

  • http://mortgagerx.org Andy Morris

    Feel free to drop your info. However generally most people that talk like you do are crooks and want 5,000 upfront and then you never hear from them. Are you an attorney John? Can you share here about your methods?

  • frank

    Hi Andy love your information. Im in foreclosure in NY I just received a package from Bank of america. The package is called HOME TRANSITION GUIDE.. It goes over getting out of home. My question is..How long do I have befor a default is filed? Can you recomend a lawyer on Long Island NY
    Thanks for you time
    Frank

  • http://mortgagerx.org Andy Morris

    It is hard to tell as this differs from area to area and bank of america is notorios for taking their time on foreclosure. One way to find out foreclosure process time frame is to look at homes selling at foreclosure sale now and then research them to see when NOD is filed.

  • frank

    ok will do thanks again for the information. Now i gotta track down a good attorney!

  • Marie Valencia

    My home is up for foreclosure, with a sales date of august 3, 2011.
    I was approved for a loan modification last April 28, 2011.
    I finally received the loan modification agreement. Last Monday June 24,
    From BOA. I signed a notorized the paperwork and sent it back, BOA recieved it on June 28.
    On June 30 I received the paperwork back saying that there was s problem with the notaries signature. I took it to the notary and corrected it and sent it back.
    Now I got a call from BOA saying that the dates don’t match. Can the BOA deny my modification.
    Although the investor has approved it.
    Anyone you recommend me talking to in the state of Arkansas?

  • http://mortgagerx.org Andy Morris

    hey Marie,

    I feel for you. These banks can be very difficult. You should call around to the HUD certified counseling agencies in your area and ask what resourses they can provide locally or refer locally. Sometimes a free counselor or attorney can do wonders in helping you. Put stay on it. If you need to redo the package do it and do it quickly.

  • Leonard

    Andy,
    Thanks in advance for the advice. We live in the Savannah Georgia area. And after struggling for a couple of years, a reduction in income, and our house starting to have big repair bills do to bad construction (builder is out of business), won’t be able to continue to pay our mortgage. My very long winded question is do you know (or know where we can find out) an estimate of how long it will take in our area before the foreclosure process starts?

  • http://iAndyMOrris.com admin

    Leanard,

    Here is some more info on foreclosure law http://www.foreclosurelaw.org/Georgia_Foreclosure_Law.htm. It depends a little bit on how you are being foreclosed. It appears you have both trustee foreclosures and judicial foreclosures. HOwever you will be foreclosed you need to check out the list of properties being sold at sheriff sales similar to how yours would be sold. If they are judicial foreclosures check the sheriff sale and get the case numbers and then check the case dockets at the court house to see when they were first filed on for foreclosure. If it is a non judicial foreclosure/ trustee sale get the addresses of properties selling now and find out when the notice of default was filed. By checking a few properties in this way you will be able to figure out generally how long it takes to get through the foreclosure pipeline from beginning to end. Generally 2 months would be min and a year would be maximum unless you use bankruptcy to give time.

  • Armando

    Excellent information Andy! For some reason, even after signing up and clicking on the link you emailed me, I can only see 4 of the techniques. Is there something I’m doing wrong? I am very interested in bankruptcy options to stop a foreclosure sale at this time.

    Thank you much!

  • http://mortgagerx.org Andy Morris

    it is actually a series of 7 emails… each with a link to a video that will give you some helpful information.

  • Armando

    Thanks.

  • BE

    I had a sale date on 8/9. No buyer so it goes back to the bank. I was told confirmation of sale would be 9/1. BOA reo dept told me longer and I should stay. Still trying to work something out either loan mod or C4L any ideas? should I stay or should I go? Thanks!

  • http://iAndyMOrris.com admin

    sorry for the slow reply… it really depends on your future possibilities… i don’t know where you are. in ohio the sheriff will move you out on x date but you will always know when that it is. don’t think mod will work but stranger things have happened. i have even seen banks not evict and just let people live there or even rent it to the owners… i would try all my options and call everyone i could… also bankruptcy might give you some months if you filed it…

  • david

    Hi Andy – on Sept 25th 2010 you said you ran across an attorney who would send out 23 pages of discovery requests – do you know what he was asking for, or do you have the 23 pages? Sounds useful

    thanks DW

  • http://mortgagerx.org Andy Morris

    I do have a local attorney that does that in Ohio. If you aren’t in Ohio

  • http://mortgagerx.org Andy Morris

    sorry… didn’t complete that… if you aren’t in Ohio I know he could consult with a local attorney to provide that…

  • RLR

    Andy, we are presently in a chapter 13 Bankruptcy which we have been paying on for 2 years. Unfortunately, we have not paid on our house for about 1 1/2 years. During this time we have been trying to work out a loan modification. We submitted a request through Naca…the bank said they could not talk to Naca due to BK – even though we sent them a letter from the attorney granting permission. We also had a forensic review about a year ago that we have never received a response to. In May 2011 we signed a permission letter for our mortage company to review our mortgage for HAMP. The said we would have a response in 30 days. We finally received a letter today stating that we did not qualify for HAMP as we submitted a response to them that we would not accept their trial offer. This was the first we had heard of this? We truly want to fight to keep our home. We have less than 30 days as the letter took 10 days to get to us. What do you recommend?

  • http://mortgagerx.org Andy Morris

    i would look for an attorney to help sue your lender…

  • Barbara Bostwick

    Please send me the website with instructions on how to ask for a continuance of the court date.

  • Brandi R

    Andy, We have been renting a home in Ohio for the last year. Our landlord- also the builder has not paid taxes or the mortgage for 2 years. The house is in foreclosure and the “owner” has filed both personal and business bankruptcy. We have always paid rent, but now that we have recd this info- decided not to pay rent for this month. We also had put a security deposit down equal to 2 months of rent, which we know we will not get back..nor is it in escrow. Moving is inevitable, but are we justified to not pay rent while we live in the house given the fact that we know we will not get our deposit back?(again deposit is about 2 months rent) Also, is the “owner” able to evict us- even though he is in foreclosure? If so, how long/ costly is the eviction process in Ohio?

    • http://iAndyMOrris.com admin

      Hey Brandi, I don’t see your lease and I can’t give you legal advice. But unless you lease allows you to not pay your rent on this occasion there is no basis for not paying your rent. Seller still has title to the property. You are still getting value from living there. I assume you could justify breaking lease however. But to not pay can and will get you evicted. Eviction happens quick in most counties as compared to a 6 months to a year or more it might take to foreclosure in ohio here. If you plan on on not paying and just letting him keep deposit, I would give notice to your Landlord and try to negotiate that with him especially if you are in a lease and are breaking that. You could probably be justified for leaving early considering he has put you in a very difficult situation of not knowing when you will have to leave. You have to remember he could well negotiate to keep the home and stop foreclosure at any time.

      However if it does foreclose you still have rights. I recomend you googling and reading “Protecting Tenants at Foreclosure Act”

  • Michael R

    Andy, your website is FANTASTIC!

    We live in Clermont County OH. Bank of America served us a foreclosure summons about two weeks ago. We can’t afford to keep the house long-term, and have already lined up a different housing option. How long do we have from the “Foreclosure Summons” if we don’t file a Motion or Answer? We have a copy of the note from the bank, so we can’t raise that as a defense. We would rather “walk away” than file a BK. No realistic chance of a short sale – we are upside down more than 65K.

  • http://mortgagerx.org Andy Morris

    hey michael… thanks!

    i can’t speak to clermont county. however you can still short sale your home. the amount of the loss i generally immaterial. more important is what the bank values it when you submit the short sale. the will send out an agent and value it at current market value and then you can sell it at that.

    regarding foreclosure time frame i am not familiar with clermont… however when i do the research what I do is i go to the sheriffs websitehttp://www.clermontsheriff.org/currentsales.aspx. on the website usually there is a list of houses selling this week or this month at sheriff sale. get the case numbers of the homes selling. then go to the clerk of courts and http://www.clermontclerk.org/pa/gdpa.urd/pamw6500.display and view the look up about 10 case numbers from the sheriffs website. you will then be able to see a pattern of how long it takes to foreclose.