With the current economic situation the way it is, it's sad that people are losing their jobs and banks are raising their interest rates. Hundreds of thousands of people are under the pressure to pay their mortgage payments and debts and not everyone has the ability to sort out their payment defaults. Those about to default or are defaulting on their mortgage payments do not want to lose their property to foreclosure. So how do you, the borrower, keep from drowning in financial debt?
The following are methods for avoiding foreclosure proceedings:
Get a Restraining Order: A borrower can file a restraining order if they are expecting a foreclosure proceeding. Filing a restraining order most likely involves the borrower to submit a bond equal to the amount of the arrear in payment.
Challenge the Debt: As a borrower, you can challenge the mortgage lender on the validity of the amount that the lender claims you owe. When challenged by the borrower, the lender must prove the borrower has defaulted on their payments. There have been cases when the court has found the borrower not liable and ruled in their favor.
Sue the Lender: The borrower can also sue the lender for any violation of the Truth in Lending Act.
These are some of the legal options a borrower can pursue in order to put an immediate stop to foreclosure proceedings. While these options will cost a borrower legal fees, if you win the case you will give yourself the much needed breathing space to sort out your finances and pay off the mortgage.
Today there are many websites that specialize in avoiding foreclosure. They have trained professionals with whom you can connect and they will in turn negotiate a deal with your lender.
