Wednesday, November 3, 2010

foreclosure defense

eric seiger

Loan Modification by SFA flickr


eric seiger

Fox <b>News</b> Fair And Balanced | MSNBC Political coverage | Mediaite

If one believes that the cable news landscape is symptomatic of our two-party political system, then one also probably and predictably saw a different tone in last nights election results. Fox News presented its coverage with a patina ...

Fantasy Football <b>News</b> Roundup, Week 9: The Likely Landing Spot For <b>...</b>

Checking in on the fantasy news of the day for Week 9.

Northwest <b>News</b>: Is Boise State in trouble against the pass? And <b>...</b>

Northwest News is a daily roundup of what is making headlines in the Pacific Northwest.


eric seiger

Loan Modification by SFA flickr


eric seiger

Fox <b>News</b> Fair And Balanced | MSNBC Political coverage | Mediaite

If one believes that the cable news landscape is symptomatic of our two-party political system, then one also probably and predictably saw a different tone in last nights election results. Fox News presented its coverage with a patina ...

Fantasy Football <b>News</b> Roundup, Week 9: The Likely Landing Spot For <b>...</b>

Checking in on the fantasy news of the day for Week 9.

Northwest <b>News</b>: Is Boise State in trouble against the pass? And <b>...</b>

Northwest News is a daily roundup of what is making headlines in the Pacific Northwest.


eric seiger

Fox <b>News</b> Fair And Balanced | MSNBC Political coverage | Mediaite

If one believes that the cable news landscape is symptomatic of our two-party political system, then one also probably and predictably saw a different tone in last nights election results. Fox News presented its coverage with a patina ...

Fantasy Football <b>News</b> Roundup, Week 9: The Likely Landing Spot For <b>...</b>

Checking in on the fantasy news of the day for Week 9.

Northwest <b>News</b>: Is Boise State in trouble against the pass? And <b>...</b>

Northwest News is a daily roundup of what is making headlines in the Pacific Northwest.


eric seiger

Fox <b>News</b> Fair And Balanced | MSNBC Political coverage | Mediaite

If one believes that the cable news landscape is symptomatic of our two-party political system, then one also probably and predictably saw a different tone in last nights election results. Fox News presented its coverage with a patina ...

Fantasy Football <b>News</b> Roundup, Week 9: The Likely Landing Spot For <b>...</b>

Checking in on the fantasy news of the day for Week 9.

Northwest <b>News</b>: Is Boise State in trouble against the pass? And <b>...</b>

Northwest News is a daily roundup of what is making headlines in the Pacific Northwest.


eric seiger
eric seiger

Loan Modification by SFA flickr


eric seiger
eric seiger

Fox <b>News</b> Fair And Balanced | MSNBC Political coverage | Mediaite

If one believes that the cable news landscape is symptomatic of our two-party political system, then one also probably and predictably saw a different tone in last nights election results. Fox News presented its coverage with a patina ...

Fantasy Football <b>News</b> Roundup, Week 9: The Likely Landing Spot For <b>...</b>

Checking in on the fantasy news of the day for Week 9.

Northwest <b>News</b>: Is Boise State in trouble against the pass? And <b>...</b>

Northwest News is a daily roundup of what is making headlines in the Pacific Northwest.



While the economy is working to make a rebound, foreclosures continue to occur at alarming rates. When filing for foreclosure, you can expect the process your lender will take will typically be the same process without regard to the type of loan that was secured for your home mortgage. As a general rule, when you discontinue making mortgage payments on your home loan, the mortgage company files a lawsuit against you in a court of law whereby the ownership of your house can ultimately be transferred to the lender - the process is typically referred to as a deficiency hearing in which a deficiency judgment is entered against you.

While it is rare, there are some home owners, when in jeopardy of home foreclosure, who will attempt to avoid communication with a lender, even attempting to disappear so as to avoid communication by the lender. Believing this will avoid their foreclosure, if you are considering this option, it is important to know that a lender can still proceed with filing suit provided they show that an attempt was made to reach you at a public level. Using evidence of newspaper ads, many lenders will show they've made due diligence in trying to reach you. If the lender is not able to locate you, a deficiency judgment is usually granted by the court and the lender can then take immediate possession of your home.

If you are present to be served, a deficiency judgment can still be filed against you and the amount of the deficiency judgment will be determined by the amount of the principal balance of the loan less the amount that the property is eventually sold for. A deficiency judgment is not different from any other judgments in terms of creditor and can be subject to collections or a possible lien placement on your other personal property.

If you think that there is a risk of foreclosure on your home, it is important to consider ways in which you can pay your loan so as to avoid being subjected to a deficiency judgment. One way in which homeowners are avoiding deficiency judgment is by avoiding summons, using the "disappearing" method as a court can grant foreclosure to the lender when you have not been found but a deficiency judgment may not be placed against you if you, personally, were never involved or personally summoned.

Foreclosure is a challenging experience and many homeowners find they are subjected to the risks of financial hardship even after their home has been foreclosed. While it is never recommended that you avoid your financial obligations, some homeowners are avoiding the long term deficiency judgment implications associated with a foreclosure by simply "disappearing" so as to avoid being personally summoned in their foreclosure hearing and judgment case.

Sources: 23 Legal Defense to Foreclosure: How to Beat the Bank, by Troy Doucet, pp. 7-9.

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