Should I Stay or Should I Go?

Deed in Lieu of Foreclosure

Deed in Lieu of Foreclosure

When faced with foreclosure this is truly the first question a homeowner must ask themselves. In most cases the homeowner
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will want to stay in the home

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because they have children in school and they don’t want to up root them, there are memories and an emotional attachment with the home and there may or may not be equity in the home. In today’s housing market over 66% of all homeowners owe more than their home is currently worth. If this is you and you are in foreclosure you must ask yourself if staying in the home makes the most sense based on the fact that you will need to get a reduction in principle in order for it to really make financial sense. In this situation a short sale maybe your best option if you don’t mind leaving the home. If you are like most and do want to stay in your home then a conscious decision must be made and a commitment agreed upon amongst family members that the homeowner will do anything within their power to fight the bank and save their home. The very first thing a homeowner should do once the decision has been reached to fight is to contact their bank and jump through the hoops they will provide to show good faith and that the loan modification was unsuccessful. In most cases it will be and beware that the bank will tell you to make some trial payments and they will consider you for a loan modification just to go behind your back and continue the foreclosure process. The next thing you know your home has been sold and a judgment for foreclosure has been entered. Banks are sneaky and not to be trusted. Once the loan modification has been in process for some time and the harsh reality is sinking in that the clock is ticking then it is critical to hire a qualified foreclosure defense attorney to go into court and file counter claims against your bank for possible fraud and predatory lending. Over 80% of all loans since 2003 contain some sort of fraud or predatory lending and a good attorney will be able to spot those errors and expose them in the court of law. By filing counter claims against your lender you will delay the foreclosure process and give yourself the best chance at saving your home.

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