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How to Stop Foreclosure

360 Body Wave Lace Frontal Natural Hairline Best Virgin Human Hair Closure On SaleWith the wave of people facing foreclosure there are numerous who’re asking for help. What might be done to stop the foreclosure process. Lots of our clients have decided to make use of the powerful extended Right of Rescission which immediately terminates the foreclosure process permanently. Let me explain.

The US Government passed a law commonly known as the reality in Lending Act. This act was designed to guard consumers from predatory lending practices. This protection was within the form of assorted disclosures showing the true cost of varied loans and lines of credit. However, with the wave of loans being originated a few of these disclosures have become misleading (either accidentally or intentionally) and it has hurt the overall population.

Under the truth in Lending Act each consumer is given a 3 day Right of Rescission, a cooling off period, to determine if the loan or line of credit is what they need, what was advertised and what they can afford. If a consumer changes their mind during the 3 day period they can cancel any loan by signing a Notice of Rescission and they are then free from any and all obligations related to the loan.

What we’ve got helped 95% of our clients to discover is that their required disclosures, under the truth in Lending Act, are literally incorrect indirectly. These errors actually violated the patron’s (borrower’s) rights under the reality in Lending Act and provides the consumer an extended Right of Rescission. The extension can last up to three years from the date of the loan origination.

What this means is that if someone is in foreclosure and there’s an error under the reality in Lending Act, the borrower can actually sign a Notice of Rescission and send that notice to the lender. This immediate removes all obligations in relation to the loan and, by law, the lender must remove the Trust Deed from the property within 20 days. Without a Trust Deed the lender cannot foreclose on the property.

Not only does this rescission stop the foreclosure process immediately but the big curls with a straightener law requires that the lender repay all of the money received in reference to the loan. Which means the borrower will receive all of their mortgage payments back along with the closing costs directly associated with the loan. Once the borrower has received this rebate from the lender they’ve the selection to provide the lender the property or its reasonable value in cash (usually through a conventional refinance).

Not only is the lender required to return all the money paid but they cannot give any negative reporting to the credit bureaus because the loan and note were rescinded. Which means there isn’t any obligation to pay and therefore there might be no late payments and no foreclosure. With renewed credit worthiness the borrower is usually able to refinance the property with a new lender and can have the means to repay the original lender or the borrower can move to a brand new property with their cash rebate and buy a distinct home all together.

Another variation to this Right of Rescission process is the lengthy amount of time involved in litigation. Most lenders react poorly to losing their Trust Deed and right to foreclose and can usually challenge the method through a lawsuit. With bankruptcies and other issues related to the down-turn within the economy, most courts are full and there may be an extended waiting time for a court appearance.

In keeping with the reality in Lending Act, once a Notice of Rescission has been sent to the lender all obligation to pay is legally ended. This means that through out the lawsuit time frame, the borrower is allowed to retain possession on the house and no mortgage payments are as a result of lender (with no negative reporting to the credit bureaus). Just a few of our clients have exercised their Right of Rescission simply to stall the strategy of losing their home so that they have a place to live (rent & mortgage free) for several months and no negative credit reporting (no foreclosure on their credit despite the fact that they may eventually lose the house). These clients have used the free housing option with a view to pay down other debt and get their finances in order so they can move on with their lives once the litigation has concluded.

And one last kicker…! If the lender doesn’t pay up within the first 20 days after the Notice of Rescission has been filed, they’re also required to pay all attorney’s fees accumulated in enforcing the patron’s Right of Rescission. Nearly ever lender has filed a lawsuit or proceeded with the foreclosure (illegally) rather than pay up in the first 20 days, so our clients have not even had to pay for our services!

There’s an alternative choice for the buyer which hasn’t been utilized by our clients on a high level, yet. Once the Notice of Rescission has been filed (sent to the lender) a chance for negotiation exists. The lender has a very sticky predicament: they have to pay the consumer back all of their payments (up to three years), pay their corporate lawyers additional money above the foreclosure fees already spent, cannot damage the buyer’s credit by reporting late fees and foreclosure, realize additional lost mortgage payments during litigation and ultimately they simply get the house back (which might not be worth what they lent on it due to a falling market). Quite frequently the bank will consider a significant loan modification in favor of the borrower including reduced interest rate, reduced mortgage payments, reduced principle balance owed, loan reinstatement, include loan assumption language or waive “due on sale” clause, etc. This manner they don’t have to pay additional money for the home and may recapture a few of their money through the mortgage interest.

This is a fairly amazing tool for stopping foreclosure and forcing the bank to seriously consider negotiating loan terms. However, not everyone qualifies for the extended Right of Rescission. My real estate team includes two specialists in the area of Truth and Lending violations and litigation. We’re happy to debate your situation with you if you do not currently have an attorney who specializes on this area of litigation.

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