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Foreclosure Defense Attorney
Foreclosure in Hawaii Can be a Scary Thing.
For most of us our house is our castle. We’ve worked hard to save up the money to put down at the time of purchase and made payments for many years. We’ve raised our kids in our house, grew older there. Basically, It is more than just a roof over our heads, it is our home. If you unexpectedly have fallen a payment or two behind, it can become an anxious time. You may want to consider contacting a foreclosure attorney.
You don’t know what’s next. Is a Sheriff going to knock on the door and kick you out? Is a bright colored paper asking you to vacate going to be nailed to your front door? Adding to that embarrassment, will your neighbors see it?
The answers to those questions are NO, but kind of YES. If your mortgage company, or home association, decide to take action to collect, then they normally will send you scary letters first. These letters will tell you the debt and how if you don’t get caught up right away, then they will initiate a foreclosure proceeding.
If you don’t make immediate payments after these written demands, it’s unlikely you get a poster nailed to your door. However, they will eventually come to your door in person and serve you with foreclosure documents.
What Does Foreclosure Mean?
Foreclosure means your creditors are trying to take your house away from you and obtain the court’s permission to sell it. Usually the Mortgage Company or AOAO serves you in person with a complaint in order to start the foreclosure lawsuit. You can answer this complaint yourself, or you can hire an expensive attorney to file and answer it for you. You can fight back, you can try to buy time. However, unless you can pay the mortgage company what they want, you will lose the battle, and your house.
After you get served with the complaint, then various other hearings and orders will be entered against you. This will lead to the posting of a sale date of your house at a public auction. Yes, let me repeat that. They are trying to take your house and sell it to the highest bidder. You will no longer own it and the new buyer will pay the mortgage off.
UNDERSTAND THAT IF YOUR HOUSE IS SOLD AT A FORECLOSURE AUCTION, WHATEVER EQUITY YOU HAD IN THE HOUSE IS LOST. YOU WON’T SEE A DIME OF IT.
There is a Quick, Simple and Inexpensive Solution.
Yes, there is a solution to get caught up with your payments and not lose your house.
It’s called filing a Chapter 13 bankruptcy. This chapter of the bankruptcy code was invented specifically to help defend against foreclosure lawsuits. It allows homeowners the chance to re-organize their affairs and stay in their property. Congress, in mid-1970 responded to the growing ranks of the homeless by enacting this quick and simple bankruptcy procedure. It gave Federal bankruptcy courts the power to stop a foreclosure filed in any state court.
You are given the chance to file a plan with the bankruptcy court that will allow you to repay your mortgage company or AOAO. In fact, it can be for all of your creditors. The plan is over a maximum of 5 years, and that’s a pretty good deal.
Don’t pay expensive foreclosure defense attorneys just so you can delay the losing of your home. Our foreclosure attorney’s will help you achieve a real solution. You are curing the arrearages you owe, maintaining the current payments, and finishing your plan with the rest of your debts wiped out.
But there are certain timing issues. There is a point in time where it is too late to file a Chapter 13 bankruptcy to save your home. Your next step is to call our office and speak with an attorney about the specifics of your case. Realize that there is a strong hope that for a small affordable fee which you can pay over time. You don’t have to lose your castle. Help is just a phone call away. Call a foreclosure attorney today. You’ll be glad you did.