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foreclosure home louisiana

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foreclosure home louisiana
How long from the day your served your summons for foreclosure till you actually need to be out..in Louisiana?

Our house payment is over 3 months late and I recently received a letter from the mortgage company’s attorney requesting payment. It was not sent certified mail and I have not received anything from the court house yet. How much longer should I expect to be in our current home before we are forced to move due to foreclosure?
As of right now, we do not have a place to go. In the process of trying to find one though. No way to catch up on the mortgage. Had to file bankruptcy recently. We are definitely going to have to move but I didn’t know how much longer we would have before we were forced to leave.

There is no Non-Judicial Foreclosure process in Louisiana , and the original loan documents will not contain a “power of sale” clause, pre-authorizing the lender to sell the property in the event of a default. Judicial Foreclosure procedures in Louisiana can take two forms.

The first form requires the lender to sue the borrower on default of the loan, and obtain a court order to foreclose on the property.

The second form is called an executory process. This process requires the original mortgage documents to contain a “confession of judgment” clause, which can be executed if the borrower defaults on the loan. The court issues an order to foreclose and issues a demand for payment of the delinquent amount from the borrower. The borrower has only three (3) to cure the default, and if the borrower can not cure the default in the time given, the court issues a writ of seizure and sale.

With either form used, the sale must be advertised for (30) days before it is sold at a public auction. If the property does not sell for an amount that would pay off the original balance due plus costs, the lender has the right to sue the borrower for a deficiency judgment. The borrower has no right to redeem the property after the sale.

So the foreclosure process is fairly quick in LA, and you will have to determine if you want to try and drag it out or just react and move out quickly. You can file a lawsuit in the county court to halt the foreclosure and get a temporary restraining order against the bank. If granted, this will make sure they can not sell the property until you have a chance to argue against the foreclosure.

By itself, this may buy you an additional 1-2 months, and any more motions and court proceedings you engage in (or hire a lawyer to help you with) will drag out the foreclosure for even longer. If you just need a little extra time to move out, requesting a temporary restraining order might be the best idea.

Otherwise, you can try and call the bank and simply request that you be given more time. Ask them to postpone the sheriff sale if it is coming up because you are working on another solution. You’ll have to put your request in writing and fax it to them (and sending a copy by mail never hurts, either), but this can be surprisingly effective in getting an extra month to save your home or move out.

Good luck.
ForeclosureFish

foreclosure home louisiana

Increased Foreclosure Rates in US

The recent housing market boom has left many people in homes that they cannot afford with loans that they never should have been granted. This is resulting in a 72% increase in foreclosures from 2005 to 2006 according to recent reports. Foreclosure rates are increasing in 2007 due to lack of home sales and increasing mortgage rates. There is also a jump in the delinquency rate on US home loans. The biggest increase in delinquency is on sub prime mortgages where the current rate is up from 12.56% to 13.33%. FHA loans are also not far behind with a delinquency rate of just over 13.46%

This increase in foreclosures has affected all areas of the housing market: from starter homes to luxury residences. Industry experts believe that there are several reasons for this increase in home loan delinquencies and the increase in foreclosures. Consumer confidence in the current market might make many first time homebuyers, especially couples, take on a larger mortgage that they can afford. If they are unable to make payment due to a loss in employment for one of the partners, they usually lose their home to a foreclosure. Some experts believe that rising energy prices are also putting a strain on household budgets making it difficult for some consumers to make their mortgage payments.

Another important factor is the cooling off the housing market in some areas of the US. With the decrease in the rate of house sales in these areas foreclosure rates are on the rise. A decline in the price of housing also leads to a loss of equity for the homeowner that makes it difficult for him or her to leverage their property in case of difficulty with payments. The states with the highest current foreclosure rates are Michigan, Mississippi and Louisiana.

Foreclosure rates are high among ARM borrowers. ARM or adjustable rate mortgages frequently offer a low introductory interest rate, which is very tempting to potential homebuyers. Once signed on homeowners might experience an increase in their monthly payments due to increases in current interest rates. This might sometimes prove mortgage unaffordable to some homebuyers and lead to the loss of their property in a foreclosure.

The scenario is not one of doom and gloom however. This is a great time for those interested in purchasing foreclosed properties either as their primary homes or as investment properties. Foreclosure sales can allow one to purchase very desirable residences at a fraction of the real value providing one with instant equity and relatively low monthly payments.

About the Author

Homesearch4investors.com is an easy to use website that offers homes that are currently in pre-foreclosure, Foreclosure or for sale by owner. Find great property deals in all 50 states instantly.

foreclosure?

I’m from louisiana when they foreclose on your home how long is the process? How do they go by selling do they sell it to the lowest bidder and if the do will I still owe the company? Or should I file bankruptcy and get it over with? Because doesnt it stay on your credit report for seven years when the foreclose on your home?

The process is 6 months long. Yes, they will likely auction the home in a foreclosure sale, if you default. The loan company will take posession. Usually the bank sells the loan to another company and they can do what they want with it. The foreclosure stays on your credit record for 10 years, not seven. Seven years is for regular stuff like credit cards and other loans. It’s like the DMV. They can go back even further when they want to, such as when you apply for a commercial license they don’t stop at the 3 year limit.
When you file for bankruptcy, it still takes a long time and will be stretched out past the foreclosure time, so that will not help your situation. You will still end up going into foreclosure. The key is that if your main goal is to keep the house, then you can let all your other bills go and as long as you pay the mortgage, they cannot take your home from you. At that point, you can file for bankruptcy and start again. Your credit will be trashed, but at least you still have your home and in 7 years you will be in pretty good shape credit wise, plus you will still have your home if you have kept making payments.
Now, if you know you cannot make the house payments, you would do the reverse strategy and pay all your bills except the house and hurry up and find someone to buy it from you before it gets foreclosed upon. This will save your credit. I hope this helps.

Foreclose on the house of love


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August 13th, 2010 at 1:31 am