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5/23/2011
Stopping Foreclosure


STOPPING FORECLOSURE

Can I stop foreclosure of my home?  Can the agencies that want my money to stop foreclosure accomplish this? 

The answer to the first question:  Can I Stop Foreclosure is YES!

The first way is to file an injunction.  This will require a lawyer and it will require that you pay fees up front to the lawyer.  What you will get is temporary relief from the foreclosure process.  You can stop the foreclosure sale of your home, but the relief is only going to last a few months.  It will buy you time to sell the house, find new financing or come up with the unpaid mortgage payments.  The relief is temporary and the foreclosure attorneys will eventually organize their paperwork and once they convince the judge that they have dotted all of their i's and crossed their t's, the judge will have to lift the injunction and the foreclosure process will proceed to the foreclosure sale unless the unpaid funds are paid. 

The typical fee charged by an attorney is around $2500 for the injunction.  Lawyers in your particular town may charge more or less than that amount.  It is obviously money that could be paid to the mortgage company, but it will at least buy you time if that is what you need.

The second way to stop foreclosure is to file bankruptcy.  This will require filing a bankruptcy petition BEFORE the foreclosure sale.  It will not undo a foreclosure sale that has already occurred.  It will stop a foreclosure and the relief is permanent subject to new payment terms negotiated in the bankruptcy.  Eventually, you will have to start the mortgage payments again and you should note that the bankruptcy will affect all of your debts as well as your future credit worthiness.

If you have questions about either one of these tactics to stop foreclosures, please contact my offices. 





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Evin G. Dugas - Attorney at Law 512.261.0044 Evin@housedefects.com
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