Texas Foreclosure Process    |    Stop Foreclosure Options    |    Free Consultation

When options like a loan modification or short sale have been exhausted, the lender may proceed with the foreclosure process of taking your home away from you. While there are options available to stop a foreclosure, many consumers take what appears to the be cheapest option available without thinking about future consequences. Commonly consumer have three options to stop the imminent foreclosure.

Reinstatement of Loan Often the lender will ask that you make a payment that equates to a portion of what you owe to stop the foreclosure. Some consumers will borrow money from friends and family to take advantage of this offer. But after they make the payment they may not be able to stay caught up because the mortgage payment did not reduce. Unfortunately, they find themselves in the same foreclosure situation again.

Payoff of Loan You may have the ability to borrower from friends, family, or a hard money lender the amount to payoff completely the home. This would stop the foreclosure.

Bankruptcy One of the most common options taken by consumers facing foreclosure is filing a Chapter 13 bankruptcy. This may be a bad option for you depending on your circumstances. First, it may only temporarily stall of your foreclosure for 120 days or less. When you file a Chapter 13 bankruptcy, all the debts appearing on your credit report including the arrearages on your mortgage have to be paid in the plan PLUS your normal mortgage payment. A simple calculation you can do yourself is to add all the debts on your credit report plus the amount you owe the lender past due. Take this number and divide by 60 and multiply by 1.1. This is your monthly payment that you will make the Bankruptcy trustee PLUS your current mortgage payment. Can you afford this higher payment? If not, you will most likely lose your home in 120 days or less. Before filing a bankruptcy, ask yourself, what is going to happen in my life in the next 90 days that is going to allow me to keep my home?

File a Lawsuit Against your Lender Filing a lawsuit against your lender gives you the most possibilities for a better outcome at similar pricing of other options available. With the help of an experienced foreclosure defense attorney you can file a lawsuit against the lender raising many issues that have helped worsen your situation that the lender caused. After filing the lawsuit, your attorney will ask the judge to sign a Temporary Restraining Order (TRO). If the judge signs the TRO then the foreclosure is stopped. Your trial will proceed. Most cases will last 6 to 9 months at a minimum. This gives an attorney or yourself to take advantage of the options below.

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John Helstowski
John Helstowski
I help Texas residents save their home from foreclosure without filing bankruptcy.
Call (800) 891-6988

Options After Filing a Lawsuit Against Your Lender

Because of the time that is gained inside of a lender lawsuit, you may have more options to resolve your mortgage and possibly a better outcome than without  a lawsuit.

Loan Modification

You may have been denied a loan modification before. You may not have qualified before filing a lawsuit but on a second look by a department head you may qualify now. Actually, you may have been denied because the trustee for the bank could not sign off on the loan modification due to restrictions they have placed on them. Now that a lawsuit is filed the trustee can sign off on the loan modification.

The lender may agree to reduce the principal amount (amount due on your home) because you filed a lawsuit against them. The lawsuit allows them to look at your complaint and based on its strength then reduce fees, penalties, or credit back  Consumer Finance Protection Bureaus (CFPB) violations.

A loan modification fundamentally changes the details of your promissory note.  If your lender agrees to a loan modification, they can alter the promissory note to make your monthly payment more affordable. They may agree to lower your interest rate or convert your loan from a variable to fixed interest rate. They may also agree to extend the term of your loan.

Sale of your Home

Because you filed a lawsuit against the lender, they may agree to reduce the principal amount (amount due on your home) because you filed a lawsuit against them. The lawsuit allows them to look at your complaint and based on its strength then reduce fees, penalties, or credit back  Consumer Finance Protection Bureaus (CFPB) violations.

This means that you maybe able to sale your home at a small profit.

Short Sale

In a short sale, you sell your house once the lender agrees to accept an amount of money that is less than what you borrowed. This describes the “short” of the short sale. The sale can relieve you of your mortgage debt and keep a foreclosure off your credit report. Through successful negotiation you may not owe your lender any money after leaving.

Cash for Keys

To avoid the time and financial costs of continuing your lawsuit, a lender may offer you a lump sum to vacate your property by a certain date. Your obligation is to keep the property responsibly maintained (subject to inspection), and leave on the specified date. The amount of money and timing of vacating the property depends on the lender.