I just got a foreclosure notice me and my mom we cant afford to move what should i do also we have two big dogs and three cats
from wellsfargo my landlord frank t carhrt
8 attorney answers
You should consult with an attorney and respond to the lawsuit. You may be able to negotiate a loan modification or workout.
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It is not clear from your question whether you are buying the home or renting. If you are buying the home, you need to contact as many people as possible. I would start with HUD. Call your Congressional representatives, your church or local civic organizations and find someone who can help. There is a lot of help available but you must look for it.
If you are a renter and your landlord is getting foreclosed, that is a different situation. You have some limited protection but you need to start finding a new place. Do the same thing now. Start looking for organizations in your community who may be able to help.
Most localities have legal aid offices. Try those. Also, you can call your local bar association and they may be able to refer you to someone who can help. You must be proactive.
I wish you the best.
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Each case involving foreclosures is fact specific. For instance, we don't know whether you and your mom are working and have incomes and what those incomes are. We don't know how long it has been since you have defaulted and even if you are able to cure that default, if you are able to pay current and future mortgage payments. Depending on your income, you may be able to do a loan modification and/or file for chapter 13 bankruptcy to save your home. Very importantly, since you have been served with a foreclosure notice (perhaps you mean a summons and complaint), you will either have 20 or 30 days to answer the complaint depending on how you were served. If you don't file an answer to the foreclosure complaint on a timely basis, the bank will be obtain a default judgment, enabling it to move faster than if you had challenged the suit. It is critical that you consult a bankruptcy and foreclosure attorney right away to discuss your options. Chapter 13 bankruptcy allows you to cure all arrears that you may owe over a 3 to 5 year period. However, to do so, you have to have sufficient income. You may be able to try to modify the mortgage outside or within the bankruptcy, but even in that instance, you still have to have sufficient income. I recommend that you consult an attorney as soon as possible to assess the best choice for you given your financial situation. Many of us on Avvo do offer free consultations. Best of luck, Barbie D. Lieber
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In addition to everyone else's responses, it is not clear which kind of "notice" you received.
If it was a summons and complaint , then you probably have plenty of time (months) before the sheriff comes to remove you.
If you received a final judgment of foreclosure, you have less time, but they're not coming tomorrow.
You should consult with an attorney in your area who deals with both foreclosure and landlord tenant law. Use the Avvo find a lawyer tool.
Check with a bankruptcy and foreclosure attorney to explore your options. A bankruptcy stops foreclosure and allows you to reinstate the loan by paying the missed payments (and most of your other debts) over 36-60 months. Worst case, if you can't save the house you can get an idea of how long you can remain in your house before eviction. I hope you hang on to the dogs and kitties no matter what happens!
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It all depends on that kind of foreclosure notice you have received. All the attorneys that have responded have given you very good answers. If you received a summons and complaint, you are in the beginning stage of foreclosure, and can explore many options with your current lender such as a loan modification if you are working, or even a shortsale down the line when you are ready to move. If you received a sale date notice stating date property will be auctioned in court, then you need to seek legal advice from a real estate attorney to help you with other options.
In addition to the other responses, I would also suggest contacting a legal aid society or other not for profit law group as they will give you realistic options and advice. Be careful of firms that are not in your area that want to charge you $500-$1000 immediately as they may just take your money and offer no real service. Also, make sure you appear at any court dates set by the court, even if you are not represented.
From your question it seems that you are renting. If so you should send the notice to your landlord and let him deal with it.