I’ve been doing some research and have found a few resources:

www.bankruptcyinthenews.com/index.php/2010/08/21/how-does-bankruptcy-stop-the-foreclosure-process/

but I haven’t found anything specific. It seems like I’m getting a range of that it slows down the foreclosure process up to six month to a year, but I still haven’t found anything specific.

I found some great information here:

http://www.insightintolaw.com/wp-admin/post.php?post=152&action=edit&message=1

basically a list of some of the best resources on this subject from around the web!

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I am in the middle of getting separated and just found out that my husband was not making the house payments.. i got a letter in the mail saying that my home was in the process of foreclosure. I was wondering if any body had any suggestions on how to stop foreclosure. The amount that i apparently owe i can not come up with in one lump sum and they will not accept payments.. I have two small children and really do not want to up root them from their home, they are already going through enough with the separation. Any suggestions will be nice. Thanks.

If you are able to make the house payments on your own, once seperated then see if you can borrow what is owed on your house. Of course, you will have to be able to pay that back along with your house payment.
If you are not able to make both these payments then be prepared for the foreclosure.
After the house is sold at foreclosure, you may be able to stay in the house for 6 months. The amount of time you’re allowed to stay varies in each state.
You should probably be talking to a lawyer to find out your rights and options.
Good luck

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Do you know Florida Foreclosure Laws?
Visit http://www.snurl.com/ForeclosureGuide

AVOID FORECLOSURE & GET YOUR LIFE BACK!

More and More People Are Facing The Prospect Of Foreclosure
DON’T LET FORECLOSURE HAPPEN TO YOU!
Take the Steps to Preventing Foreclosure. Visit http://www.snurl.com/ForeclosureGuide
Chances are that you, like other people, are aware of the problems in the real estate market. Foreclosures are at a record high. You may even have been suffering from foreclosure fever a little yourself. Perhaps you have a loan with an adjustable rate that has gone up sky high? If that's the case, then you may be struggling to make your mortgage payments and wondering if you will soon be joining the dismal statistics of those who are in foreclosure. In some states, such as California, Florida and Nevada, foreclosures run into the hundreds of thousands.

Here's what you will learn from the guide on this website:
* The warnings of foreclosure
* What foreclosure does to you
* The fundamentals of …

Duration : 1 min 1 sec

(more…)

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Today, it is estimated that one in ten homeowners is either in foreclosure or behind in their payments. As the economic crisis becomes more severe and the recession feeds upon itself, people have become more and more desperate to find some way to hold onto their houses. With such conditions, the average member of the public is ripe for a scam and the and those who try to dupe you or use trickery know this. It is no surprise, therefore that the number of foreclosure type scams are on the rise.

 

If you’ve been the victim anywhere in Southern California of real estate fraud or the target of an unscrupulous loan modification service, foreclosure consultant or someone acting on your behalf to modify your mortgage or cure your problems who is in violation of the strict regulations in California, call the Law Offices of R. Sebastian Gibson at any of the numbers on our website at http://www.SebastianGibsonLaw.com .

 

If you are a licensed real estate broker or agent and have either been wrongly accused of being in violation of the laws and regulations governing loan modification services and foreclosure consultants, or acted as such without being aware of these strict regulations and need legal defense, we urge you to call us at any of the numbers which you can find on our website.

 

Those who are most likely to be targeted by persons attempting to perpetrate a fraud are the elderly, anyone entering foreclosure, people who have recently lost their jobs, families who have lost a loved one, people who have limited knowledge of English, people with limited resources, and homeowners whose payment amounts have recently been raised.

 

The moment you enter foreclosure, expect to be inundated with offers of help from many individuals with generic type sounding names, and some claiming even to have references from churches near you. These are, in most cases, some of the people you should stay away from at all cost.

 

The person who will approach you in this type of scam is more often than not, well-dressed, well groomed, and seems personable, kind, and trustworthy. Some utilize social skills to put you at ease such as their representation to be of the same religion as you, or even the same church, to have been in the military if they think that will put you at ease or feel more trusting of them, and others will claim to be working for non-profit organizations, or branches of the government.

 

These are some of the most common scams and what you can do to avoid being a victim.

 

1) The Disappearing Foreclosure Consultant - With a helpful sounding name, and armed with references and a kind voice, the person who contacts you promises to help you stave off foreclosure with just an up-front fee for their time. The only problem is, as soon as the money clears their bank, you never see or hear from them again. The soon-to-be phantom performs little or no service, takes your money and you are left with your original problems and less time to try to save your home from foreclosure.

 

2) Loan Modification Helpers - Unlike Santa’s Helpers, in this scam you pay a fee up front to the “loan modification expert” to negotiate directly with your bank, only here you don’t get a present from Santa. If the expert really gains your trust, you also make your mortgage payments directly to the expert rather than to the mortgage company. Both the up front fee and the mortgage payments go directly into the pocket of the loan modification helper with the white beard and the kind voice and by the time you receive notice that your house is in foreclosure, this elf has disappeared and is back at the North Pole.

 

3) Just Sign Here Scams - As you face the prospect of foreclosure, one offer of help seems far better than all the others because it allows you to stay in your home as they save it from foreclosure. Unfortunately, in the papers you sign without having a lawyer look at them, you agree, knowingly or unknowingly, to sign over the house to the person offering this help and still remain responsible for the mortgage payments. The person then either sells your house, collects other fees from you or holds onto the house and evicts you.

 

4) Sale and Leaseback Scams - In this scam, if you are a homeowner who still has some equity in your home, you will be convinced to sign over title in your home and pay rent to the scam artist with the promise that they can bail you out, cure your problems and that you will be allowed to buy back the house later at a bargain price. All of this can be accomplished, but only if the property is in the consultant’s name. The payments you make go directly to the scam artist and eventually you will find yourself holding the bag. You may also find yourself evicted when you can no longer make the excessive rent payments. If you have lost your job and are having trouble making your house payments, even if you have equity in your home, you may be tempted by this scam. And while you would be entitled to the excess equity in your home if the house is sold in foreclosure, when you fall victim to this scam, you will lose the equity when it is either sold out from under you or the equity is stripped away by the new owner.

 

5) The Trust Me, I’m Religious or I Was In The Military Too Scam - These people posing as Christians, former members of the military or members of whatever social organizations you belong to come complete with references from members of your church or with military haircuts and promise that by adding them to the title to your home, they can rescue you from foreclosure, and have your credit repaired. Having gone through your mail or your trash, they probably know all about you. There’s no need to see a lawyer, they tell you. Just pray with them or have a drink with them and swap military stories. Just be sure to hold on to your wallet, don’t give them any money and don’t sign anything.

 

6) Sign Me Up Scotty And Get A New Loan Scam - In this scam, you are told that if you add the nice looking good Samaritan onto your title by signing a Grant Deed or other legal instrument, (which you are told, you don’t really need to read) this friendly person can apply for a new loan, which, unfortunately, if approved, will leave you on the hook for both the old loan payments and the new loan payments, and any up front fees you pay for this service will disappear with this fraud.

 

7) Buy My Books, Take This Seminar And Make Millions Scam - You may see this offer on late night television, on roadside signs or even on billboards. Only this time, you are talked into buying materials that are full of worthless information that will do nothing to help you avoid foreclosure. Even worse, the materials you receive may offer advice that will land you in jail by telling you how to approach others in foreclosure and advise you to tell them you can save them from foreclosure. The trouble is, what you will be doing is either practicing law without a license or acting as a credit repair agency or loan modification expert without a real estate license and without an advance fee agreement approved by the Commissioner of the California Department of Real Estate and without being registered with the California Department of Justice.

 

The Short Sale Scam - In this scam, the “short sale specialist” who contacts you promises his expertise to accomplish a short sale in a small amount of time that will protect your credit. There is a fee of course that would have been better spent on groceries. When the real estate market was better, there were additional wrinkles to this scam that today are more difficult to perpetrate due to the difficulty of selling homes in this economy.

 

9) It’s Like Magic - Here the homeowner is told to sign one thing, but the homeowner winds up signing something altogether. In some instances of this bait and switch scam, the scam artist will serve as the notary as well. In conjunction with this and other scams, or in other variations, forgery may be utilized, and identity theft employed as well.

 

10) Want Somewhere Cheap To Rent Scam - Here the bogus homeowner or leasing agent takes your rent payment and security deposit and rents or leases you vacant residential or commercial property, that isn’t owned by the person you are talking with and if you are talking with a leasing agent, this “agent” has no authority to offer you the property for rent or lease.

 

11) How About A Nice Loan Modification Scam - As with foreclosure consultants, loan modification services are strictly regulated by California statutes. If you have lost money or your home to a foreclosure consultant or someone promising to obtain a loan modification or cure to your problems and they have violated these statutes, in some cases you may be entitled to any moneys paid to them, but also, in some cases, your other actual damages, equitable relief, reasonable attorney’s fees and costs and punitive damages of three times the compensation received or misapplied by the foreclosure consultant or loan modification service who contracted with you.

 

It is difficult, if not impossible, to recover your money when you have been the victim of any of these types of fraud. However, there are times when the persons attempting to defraud you simply don’t know better and are otherwise responsible citizens and business people who don’t know the law, or conveniently fail to research the law, and who may either have errors and omissions insurance or assets which may cover their indiscretions.

 

Such defendants may include real estate brokers, foreclosure consultants, loan modification companies and services and mortgage brokers.

 

These parties may be responsible if they made misrepresentations to you, committed fraud, charged you fees and collected such fees in advance for foreclosure consultant services, failed to follow the strict regulations set forth in the California Civil Code and Business and Professions Code or had you pay fees in advance for loan modifications under agreements that have not been approved by the Commissioner of the California Department of Real Estate. The laws in California are very strict as to when you may be charged fees for such services and under what circumstances.

 

If a person makes promises or representations to you without any intent to perform the services promised, and if you have been damaged as a result of your reliance on those promises or representations, you may have a valid claim against that person for fraud. Such promises may include a promise that they will be able to obtain a modification of your loan or to save you from foreclosure, and will likely require you to pay up-front fees that do little, if any, good.

 

Here are the five tips of advice we recommend to anyone in this situation being approached by people offering help.

 

1. Avoid any solicitations of help that come unexpectedly, by mail, e-mail and by telephone or to your door.

 

2. Avoid using any help agency whose name you find on roadside signs such as those which state “We Buy Homes For Cash” and those which promise to “Stop Foreclosure.”

 

3. Avoid paying up-front fees to foreclosure or loan modification experts.

 

4. Disregard anyone who tells you not to talk to your bank or tells you to avoid consulting with a lawyer.

 

5. Don’t sign anything without having it reviewed by a real estate lawyer.

 

Red flags to you that you are about to be scammed should include requests of you for any of the following: to pay money up-front before any service has been performed, payment by cash, cashier’s checks or bank wires only, transfers of title, actions to be taken immediately, power of attorney, signatures on grant deeds, signatures without any explanation or while under time constraints, signatures on incomplete documents, and mortgage payments to persons other than the mortgage company.

 

Other red flags include unqualified promises, offers that sound too good to be true, failures to provide you with copies of what you sign, oral promises that are in conflict with written provisions, refusals to put the oral promises in writing, oral statements that the provisions in writing don’t mean what they say or won’t be enforced, and warnings not to discuss the matter with an attorney, your lender or anyone else.

 

If you have a business or real estate legal matter in Palm Springs or Palm Desert, in Ontario or Rancho Cucamonga, Temecula or Murrieta, Newport Beach or Huntington Beach, Anaheim or Santa Ana, El Cajon or Carlsbad, Palmdale or Victorville, Long Beach or Santa Monica, Ventura or Oxnard, or anywhere in Southern California, our Palm Springs, San Diego, Orange County, Inland Empire, Los Angeles, Santa Barbara and San Luis Obispo law firm has the knowledge and resources to be your Business Lawyers and Real Estate Attorneys. If you’ve been the victim of a real estate, business, loan modification or foreclosure scam or fraud, be sure to hire a law firm with experience in loan modification, foreclosure and real estate fraud in California and who will endeavor to ensure that your rights are properly represented.

 

To learn more about such scams or the statutes which regulate loan modification and foreclosure consultants, or for legal representation, call the Law Offices of R. Sebastian Gibson at any of the numbers on our website at http://www.SebastianGibsonLaw.com .

R. Sebastian Gibson
http://www.articlesbase.com/national,-state,-local-articles/california-real-estate-scams-seen-by-lawyers-loan-modification-rip-offs-found-by-attorneys-and-foreclosure-consultant-frauds-uncovered-by-ca-lawyers-684647.html

Do you know Maryland Foreclosure Laws?
You should visit http://www.snurl.com/ForeclosureGuide

AVOID FORECLOSURE & GET YOUR LIFE BACK!

More and More People Are Facing The Prospect Of Foreclosure
DON’T LET FORECLOSURE HAPPEN TO YOU!
Take the Steps to Preventing Foreclosure. Visit http://www.snurl.com/ForeclosureGuide
Chances are that you, like other people, are aware of the problems in the real estate market. Foreclosures are at a record high. You may even have been suffering from foreclosure fever a little yourself. Perhaps you have a loan with an adjustable rate that has gone up sky high? If that's the case, then you may be struggling to make your mortgage payments and wondering if you will soon be joining the dismal statistics of those who are in foreclosure. In some states, such as California, Florida and Nevada, foreclosures run into the hundreds of thousands.

Here's what you will learn from the guide on this website:
* The warnings of foreclosure
* What foreclosure does to you
* The …

Duration : 1 min 1 sec

(more…)

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Do you know Nevada Foreclosure Laws?
You should visit http://www.snurl.com/ForeclosureGuide

AVOID FORECLOSURE & GET YOUR LIFE BACK!

More and More People Are Facing The Prospect Of Foreclosure
DON’T LET FORECLOSURE HAPPEN TO YOU!
Take the Steps to Preventing Foreclosure. Visit http://www.snurl.com/ForeclosureGuide
Chances are that you, like other people, are aware of the problems in the real estate market. Foreclosures are at a record high. You may even have been suffering from foreclosure fever a little yourself. Perhaps you have a loan with an adjustable rate that has gone up sky high? If that's the case, then you may be struggling to make your mortgage payments and wondering if you will soon be joining the dismal statistics of those who are in foreclosure. In some states, such as California, Florida and Nevada, foreclosures run into the hundreds of thousands.

Here's what you will learn from the guide on this website:
* The warnings of foreclosure
* What foreclosure does to you
* The …

Duration : 1 min 1 sec

(more…)

Technorati Tags: Nevada

Duration : 0:0:0

(more…)

how many days late payment I get the foreclosure notice and when does lender put sale sign in my house and when does the lender
put it to auction my House Right after the foreclosure If I bring the payment current with all the late fees then can I stop the foreclosure??

Each lender have their own procedures as to when to file a foreclosure against a person that is behind in their mortgage payments. Some file foreclosure immediately after one payment, some as long as 3-9 months after missing your first monthly payment.

There are two types of foreclosures normally used in the United States

Non-Judicial Foreclosure

Most lenders use the non-judicial foreclosure procedure. No courts or lawyers are involved.

Under this procedure normally the lender has the right to sell the property after completing the foreclosure procedure. The lender, under this procedure can not normally sue for a judgment after the sale. You do not have the right to reclaim the house under any circumstance.

Under a non-judicial foreclosure and the lender has decided to foreclose on you they issue a "Notice of Default/Foreclosure" this document is recorded at the county recorders office where the property is located.

You will receive a copy of this notice in the mail as well as one will be delivered to your front door.

At this point you now have 90 days to bring the mortgage current, refinance the mortgage or do what ever you want to do to keep your property. Your lender might entertain the idea of refinancing your mortgage for you at this stage.

Once the 90 day period is over the lender then decides to record a "Notice of Sale" at the county recorders office. You will receive a copy in the mail as well as someone will deliver one to your front door. This notice will have a sale date and place of sale.

Once this document has been recorded you now have 20 days in which to refinance or cure your foreclosure. Most lenders will not entertain the idea of refinancing their own loan once this document has been issued. Some might, but most will not. At this point the lender is interested in you paying the mortgage off or bringing it current.

At the sale if the property is sold to someone, they have to get the property recorded in their name so there is lots of legal work to be done before they officially own the property.

This new owner will contact you when all the legal documents are signed and between the two of you select a time for you to move. You might be required to pay rent for the time you stay there but this is between you and the new buyer.

If the property does not sell then the lender has to get a few legal matters taken care of so they have to wait until the legal matters are completed. This normally take 5-7 business days or less.

If this happens once all the legal matters are taken care of the lender normally hires a real estate agency to take care of their real estate sales.

An agent from the agency will contact you about the date and time of your departure. In some instances they will offer you a sum of cash for you to move.

If you are not required to go to court and has not received documents from a court stating that you must appear. This is probably the procedure being used by your lender.

Judicial Foreclosure

If the lender decide to use the judicial foreclosure procedure you will be issued a summons to appear in court. The court will set the time and date of appearance as well as when you will have to vacate the property.

If the lender use the judicial foreclosure procedure they are allowed by law to file a deficiency judgment against you.

Most lenders, though the law allow them to file for a judgment do not do so. they would just rather sell the property, write any loss off and move on without other legal problems that might cost them money and then would have to collect on the judgment if they won.

On the other hand the law also allow you the right to reclaim your house after the foreclosure procedure has been completed in some instances any where from three months and in some states up to a year.

If you received a document stating that you have to appear in court and a date for you appearance has been set, your lender is probably using this procedure.

This method of foreclosure is used only by a few lenders where both procedures are allowed.

Under either procedure if the bank can not reclaim the entire loan amount from the sale of the property they claim they have a loss. Since this is a loss to them someone had to have a gain. You are the one considered having the gain, therefore the lender would then send you a 1099 indicating the amount of gain you had.

Upon receipt of the 1099 you must file this gain with your year end taxes as to the amount of gain you have.

For tax and legal matters you should always consult with your tax consultant and attorney.

I hope this has been of some use to you, good luck.

"FIGHT ON"

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