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"Foreclosure Lawyer" Discussion

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Professional Q&As for "Foreclosure Lawyer"

Upsolve Community Member
2022-01-12

yes i want to file a chapter 7 and i know i am exempt from having to take the means test but how do i know if i will qualify to have my home included in that and stop the property tax default foreclosure on it and it is family owned and i have lived in it for 8 years but not in my name

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Community Replies:

Upsolve Community Member
Chapter 7 may not help you stop a foreclosure. The fact that the house is not in your name is also hugely significant. Your best bet for saving your family home from a https://upsolve.org/learn/tax-foreclosure/ is likely talking to a lawyer that knows property tax lien issues in your state. 

Upsolve Community Member
2021-12-13

My husband took mortgage out on home/land (my name not on mortgage). My husband passed from Parkinson disease. I took over payments had to file bankruptcy. I got 4 months behind cause covid. I caught up payments but not in time i was dismissed. I was reinstalled within 3 months over half my income was stopped. I called lawyer 3 months in a row and told him. Lawyer told me todo the best I could. Now trustee has motioned to dismissed and transact all other business as may properly come before the court. What do or can I do? I don't wont to lose my home. Please help!!

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Community Replies:

Upsolve Community Member
Karen - I'm so sorry to hear that you're having such a difficult time. One question about this lawyer -- are they **your** lawyer? As in, you signed a representation agreement with them? If so, they have a duty to assist you. Don't let them blow you off. Make them tell you what they need from you to get your case back on track. 

Upsolve Community Member
If this is not your lawyer, but the bank's lawyer, then I strongly encourage you to https://upsolve.org/find-a-lawer. https://upsolve.org/learn/what-is-a-chapter-13-bankruptcy/ are quite complicated and there's not much that's more important than saving one's home from foreclosure if at all possible. 

Upsolve Community Member
Those are really helpful suggestions from Andrea- keep us updated and keep asking questions here 

Upsolve Community Member
Yes he is my lawyer. I go next week . THe trstee is motioning to dismiss . Ill just wait and see whats gonna happen thanks for your input

Upsolve Community Member
2022-01-12

I'm due for a foreclosure auction on 1/22. My home loan was a Hard Money loan, which made it a commercial loan. So I was req'd to put the house into an LLC. (My parents died and it was left to me....I grew up here) This is the 3rd scheduled auction. The first 2 I stopped with (now dismissed) Ch 13's. The first one the contracted buyer fell through, and it was around the time I was to submit my plan. The 2nd one, my income would not have allowed for it to be accepted. I know the 3rd time doesn't give me an automatic stay, is there anything I can do to prove that I deserve a stay?

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Community Replies:

Upsolve Community Member
The court looks at whether anything in the filer's financial situation has substantially changed since the last filing. 

Upsolve Community Member
There may also be helpful information in this article for you, Rather: https://upsolve.org/learn/what-happens-when-a-chapter-13-case-is-dismissed/ Please let us know if you have any other questions! 

Upsolve Community Member
In what state do you live?? Try looking for a hard money loan

Upsolve Community Member
My social media campaign generated help from a gentleman in FL. He called me and asked if he could call around for me. And last week a Realtor/Hard Money Lender/Wholesaler (😳) called me. He's local and he has found an investor to purchase and leaseback. The lender approved and we are waiting for the judge to okay the motion. The motion was filed right before court closed. So as of right now we are all waiting on pins and needles bc tomorrow is the last day. Hopefully the judge will approve and cancel the auction for Saturday. 🙏🏾🤞🏾

Upsolve Community Member
But thanks everyone. Oh and I now have a RE atty. She's examining the entire mortgage bc the deed is still in my Dad's estate. And I never received permission to put the house in an LLC. 

Upsolve Community Member
Can you please share  the hard money lender?

Upsolve Community Member
2022-01-06

I'm going I to foreclosure of my home due to unpaid taxes. If I claim bankruptcy can I keep my home???

3 Reactions

Community Replies:

Upsolve Community Member
Hi Tracy! Thanks for your question. Upsolve's Learning Center has a https://upsolve.org/learn/foreclosure/ that should provide helpful info. Another article: https://upsolve.org/learn/how-stay-in-foreclosed-home/ might be helpful too. NOTE: Upsolve cannot provide its automated services if you own real estate and is for filing Chapter 7 only (not 13). I hope the info can help you! :-)

Upsolve Community Member
The guides Mark listed will be super helpful to you, and I highly recommend you read them. If you have time, skim through https://upsolve.org/learn/can-bankruptcy-stop-foreclosure/. I think it will help answer your question. 

Upsolve Community Member
Unfortunately, it depends- you might also find this to be a helpful resource: https://upsolve.org/learn/can-bankruptcy-take-your-house/ 

Upsolve Community Member
2022-01-06

I can no longer pay for my mortgage, I was trying to get a reverse mortgage and found out that Bof A has a lien on my house for 20,000 so it is stopping me from the reverse mortgage .I was not aware of this line what can I do

2 Reactions

Community Replies:

Upsolve Community Member
Hi Helen, Here is an article that may help: https://upsolve.org/learn/can-bankruptcy-stop-foreclosure/

Upsolve Community Member
Upsolve has a https://upsolve.org/learn/foreclosure/ that I think you'll find useful in addition to Erin's suggested article. 

Upsolve Community Member
This article might also help you learn about liens more generally! Hope it helps! https://upsolve.org/learn/every-type-of-lien-explained/ 


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