Step 2. How to stop foreclosure

Options to stop foreclosure

There is only one way to stop foreclosure; pay the arrears, and reinstate the loan. All other strategies only serve to provide temporary relief froom the inevitable. 

Divorce

Interestingly enough, filing for divorce during the foreclosure proceedings will freeze the process in its tracks. Needless to say that we do not recommend this strategy. 

Temporary Restraining Order

temporary restraining order (TRO) temporarily restrains the lender from foreclosing on the property. Although this is one of the more reasonable strategies to delay the foreclosure, it does require an attorney and the ability to pay for the associated court fees. 

A TRO will keep the lender away only until they petition the court to lift the order and allow the sale. 

Bankruptcy

Both chapter 11 and chapter 13 bankruptcy will delay the foreclosure sale. However, you’ll need to consult an attorney and pay for court costs yourself. Unlike the TRO, the sale may be postponed until the bankruptcy proceedings take place.

Even so, the lender does have the right to petition the court for permission to sell the home.

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Common questions about Foreclosure

When will my lender file for foreclosure?

Most lenders will wait for the first payment to be 90 days late. This is not a rule, however. Depending on the state, a lender can file for foreclosure as soon as a payment is 1 day late. It’s up to the individual lender to decide on when they would like to take action.

Where can I get help?

Call your lender first. If you can’t get any help, go to makinghomeaffordable.gov or call them at 1-888-995-HOPE.