Legal Question in Real Estate Law in California

home sale auction foreclosure

My home has been in foreclosure for over 5 months and the lender wants $8500 by November 28, 2009. There was a posting on my door of a auction sale of my home on December 1, 2009. How can I stop the sale of my property?


Asked on 11/12/08, 10:42 am

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Re: home sale auction foreclosure

By paying whatever amount you can negotiate with the lender to stop it. They really don't want your house, so make them a reasonable offer they can't refuse.

The lender is entitled to payment, including through foreclosure if necessary. There's no magic wand to wave to change the reality of your situation. Lots of people are losing the houses they couldn't really afford, because of the market decline, or because of job loss, etc.

Don't fall prey to unscrupulous offers to 'renegotiate your loan'. You can do it yourself as well as anyone you would have to pay big bucks to do so [with no guarantees].

If you can quickly sell the house for enough to pay off the mortgage, and get it into escrow immediately, they may postpone the auction sale.

If you file bankruptcy, if you are actually qualified to do so, it may delay the foreclosure, but not stop it.

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Answered on 11/12/08, 1:17 pm
Roy Hoffman Law Offices of Roy A. Hoffman

Re: home sale auction foreclosure

By paying the full amount demanded by the lender or by negotiating a forebearance with the lender which allows you to pay the amount demanded over time. If you are able to negotiate a forebearance, make sure you are talking to someone in the lender's loss mitigation department with authority to bind the company and make sure you get the agreement in writing and signed by the lender.

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Answered on 11/12/08, 1:19 pm


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