Centennial Foreclosure Avoidance Attorney
Home Retention Services in Aurora
It can be easy to fall behind on your mortgage payments due to circumstances beyond your control. Whether your financial difficulties are the result of job loss, divorce, or some other factor, your mortgage lender will eventually force collections through foreclosure. This process can result in your losing your home, but with capable legal guidance, you can avoid this outcome.
If you are worried about losing your home to foreclosure, help is here. Our Centennial foreclosure avoidance lawyer at Norton Law, P.C. can help you explore and implement numerous home retention strategies. We have over 15 years of legal experience and am extensively familiar with how to slow and stop foreclosures in Colorado.
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How Foreclosure Works in Colorado
The state of Colorado extends numerous protections to borrowers unable to keep up with their mortgages. Lenders must inform borrowers of possible loss mitigation and foreclosure avoidance options, including loan modifications and loan forbearances, before initiating the foreclosure process. Depending on your current financial circumstances, it may be in your best interest to directly negotiate with your lender and identify an agreeable and more sustainable path forward.
If a compromise cannot be reached, a mortgage lender must wait at least 120 days from the date of your initial missed payment before it can initiate foreclosure proceedings. In other words, you will have substantial time to consider your options and prepare for the possibility of foreclosure.
Most Colorado foreclosures are nonjudicial and do not involve the courts. This also means they move faster. Your mortgage lender will file a Notice of Election and Demand (NED) with a public trustee, kickstarting the foreclosure process. This public trustee will then schedule a sale date.
A foreclosure sale must occur between 110 and 125 days after the NED is filed. This means you will have a minimum of 230 calendar days from the date of your first missed payment to stop a foreclosure sale. The public trustee must send you a written notice after the NED is filed that informs you of when and where the foreclosure sale will take place.
If you wish to keep your home, you must take steps to address foreclosure before a sale takes place. Our Centennial foreclosure avoidance attorney can help you leverage bankruptcy to stop the process.
How Bankruptcy Can Stop Foreclosure
When you file for bankruptcy, you immediately benefit from the “automatic stay,” a court order that halts all imminent or ongoing collection actions – including foreclosure. The automatic stay also pauses any wage garnishments, repossession efforts, or collection lawsuits, and the freeze generally remains in effect until your bankruptcy case has concluded.
Upon completing a bankruptcy filing, debtors are typically permitted to discharge unsecured debts, including credit card debt, medical debt, personal loans, and unpaid utility bills. While secured debts – including mortgages – cannot be discharged, bankruptcy can still give you the time and resources you need to reorganize your finances.
Chapter 7 bankruptcy is intended for parties with little to no disposable income and involves a “liquidation” process. Nonexempt assets are sold, or “liquidated,” to partially repay creditors.
Liquidation sounds more frightening than it is: Colorado allows you to exempt up to $75,000 of equity in your home. If you, your spouse, or a dependent is disabled or over the age of 60, you can exempt up to $105,000 of equity in your home. Exemptions also exist for your vehicle, wages, and personal property, meaning many filers lose little to nothing. We can help you make the most of available exemptions and ensure the liquidation process will not result in your losing your home.
Chapter 13 bankruptcy is meant for parties with disposable income that are still unable to keep up with their debts. Filing involves presenting a reorganization plan that consolidates all debts into a single payment that must be paid monthly over a period of 3 to 5 years. The amount of this monthly payment hinges on your current disposable income, not the total amount of your debt.
Filing for Chapter 13 bankruptcy can be especially advantageous when you are attempting to avoid foreclosure. Because the automatic stay generally remains in effect until the bankruptcy has concluded, Chapter 13 filers can sometimes benefit from up to 5 years of protection. During that time, they can partially repay a portion of their mortgage through the repayment plan. In discharging other debts, filers may be able to redirect funds and cure the mortgage default.
Depending on the circumstances, your lender may request permission from the Bankruptcy Court to circumvent the automatic stay and continue with a foreclosure sale. There is also the possibility that you will still have a considerable default in your mortgage once your bankruptcy has concluded. In either of these scenarios, our Orlando foreclosure avoidance lawyer at Norton Law, P.C. can negotiate directly with your lender to explore loan modification solutions that will allow you to stay in your home. We are committed to serving your needs and will do everything possible to save your home.
If you are in imminent danger of losing your home to a foreclosure sale, do not hesitate to call (303) 816-8976 or contact us online for prompt assistance. We offer after-hours and weekend appointments.
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