Despite the bleak should I sell my house to an investor , many homeowners have options to prevent foreclosure. Whether these options involve a loan modification, a short sale, deed in lieu or even bankruptcy will depend on your state’s laws and how far along you are in the foreclosure process.
Foreclosure is a legal action where the lender seizes and sells your home for failure to make mortgage payments. The process depends on your state’s laws, but generally starts when you miss three or more payments and don’t bring your account current. There are also some state programs and local housing counselors that can help you work with your lender to create a plan.
The first step is for the lender to file an “Acceleration Notice” or a “Complaint for Foreclosure” with the court. The complaint must explain all the facts that give it legal standing to foreclose on your property. The court will then give you a chance to respond.
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In New York, if you want to stop the foreclosure process, you must answer the complaint by submitting a “Contesting Answer.” The Answer will include your reasons why the foreclosure should be stopped. The laws in your state vary, so it’s best to work with a legal professional to understand them.
If the court approves your Contesting Answer, it will set up a mediation with your lender and other parties. You will meet to discuss methods to avoid foreclosure and keep your home, including paying the back due amounts all at once, setting up a repayment plan, selling the property in a short sale, using a deed in lieu of foreclosure or other alternatives.