Have you been through the home foreclosure process?

John Thompson's picture

During the summer, The Citizen will be doing a series of stories on the rapidly-escalating number of home foreclosures in Fayette County. If you've been through the process or have an intimate knowledge of how it's done, contact me at jthompson@thecitizen.com.

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Submitted by stopforeclosure... on Mon, 09/29/2008 - 1:00pm.

Most people do not realize that they can stop foreclosure even if they stopped paying their mortgage. Many recent cases have been filed improperly and an experienced attorney can assist with the identification and filing of substantive and procedural defenses with the court and vigorously defend your case. Due to the lender's actions, omissions or other facts surrounding your case, you may be able to stop making mortgage payments and stay in your home while your attorney vigorously defends your property. This does not necessarily mean that you will not have to pay the loan back or completely Stop Foreclosure. It is possible to completely Stop Foreclosure if the bank or lender is in violation of the Florida Unfair Lending Act or other predatory lending practices. If the lender has committed such a violation, the entire principal and interest balance may be waived and the mortgage may be voided. This may not be relevant in your case. But, at the very least, a successful defense can do is buy you precious time to:

* Stay in your home
* Negotiate a work-out with the bank
* Sell your home for a fair price
* Refinance your home at a fair rate
* Continue to collect rent on the property
* Apply for a Court Ordered repayment plan
* File a Chapter 13 or 7 Bankruptcy

When home owners are faced with the reality of facing a potential foreclosure, many experience a state of paralysis. They don't know what to do. Selling the home may not be an option since the equity appears to have vanished. To fight foreclosure or not? That is the question. Clouding the answer is perhaps the biggest misconception, "Hiring an attorney is not a cost-effective option." If I can't afford to pay my mortgage, then how in the world can I afford to hire a competent attorney? And why should I, if I am upside down in my home? First of all, EVERYONE can and should hire an attorney to represent them in their foreclosure case. There are many competent attorneys who specialize in this area. Due to the growing number of these cases, many attorneys have become "experts" in this area. Due to the fact that most of these cases are very similar, many excellent attorneys have experienced staff and can offer extremely affordable payment arrangements. Most people don't know that once the foreclosure proceeding has started, the bank will not accept any future mortgage payments - doing so may adversely affect their ability to foreclose on your property. Furthermore, the bank pays any delinquent real estate taxes and the insurance on the property. In summation, once the bank files a foreclosure lawsuit, most of the homeowner's expenses are being paid by the bank (mortgage, taxes and insurance). However, as the legal owner of the house with full possession, you have all the rights associated with same including residing in your home, collecting rents on the property, etc. Imagine the "EQUITY" you can save / build, if you fight the foreclosure case for a year or more. The cost of qualified legal representation is a drop in the bucket compared to your typical home ownership overhead. Time is money and the real estate and financial markets are likely to turn around. The hiring of the right attorney will save you thousands of actual dollars, in addition to thousands in time value of money. Its really a no-brainer.
Respectfully Submitted,
Frederick A Neustein


muddle's picture
Submitted by muddle on Wed, 06/06/2007 - 8:12am.

I think most of them have been on my street.

Let's see....

First there was the rather portly lady who had painted her front door an odd color of blue because "God told me he wanted it that color." (The Lord moves in mysterious ways.) Her trademark was to sit in a chair in the middle of the front yard and watch her children and wispy husband(?) doing hard time pulling weeds, etc. When she and her family left, they left several junk cars in the back yard, hidden by their large privacy fence. At one point, someone came to get the cars. He pulled them out of the yard, knocking down the fence, and left them--no wheels--in the street for several days until the police got involved.

Then there was the guy across the street. While he lived there, he had a dog that he had bought as a puppy for his son. The dog grew beyond proportion and might well have been saddled for equestrian purposes. It spent its miserable existence chained to a tree when the novelty of puppyhood had worn off. Many hot summer days it was left out in the sun with no water whatsoever. My next door neighbor and I used to take turns making sure the dog at least had water and some food. Then, one day, it dawned on me that I had not seen any activity over there for a few days. But the dog was still out there. This guy had vacated and abandoned the dog still chained out in the sun. (Update: That house now has very friendly occupants. They always smile and wave, and some of them even speak some English. Only trouble is, I cannot say just HOW MANY friendly occupants are living there. I don't expect a foreclosure here, as the mortgage might be split between, say, a half dozen workers.)

After that, a wonderful family that lived next door moved away and sold their house to a lady and her beau. I think they liked NASCAR and Budweiser a whole lot. After a while, we began to notice that there were several other residents of the NASCAR-Bud-Pickup truck persuasion living there. A favorite pastime of these good 'ol boys for a while was drinking beer and shooting with a pellet gun anything that moved out in the woods or pond. Oh, and fireworks were another favorite. These tended to land in my yard or on my roof. Then, the original couple had disappeared, leaving a bunch of guys. But the bunch seemed to be fluid in its composition, losing one member here and picking up another there, so that, eventually, I don't think there was an original member among them (kind of like some of the revived rock bands that have played the PTC or Fayette stages). Now, that house is 6 or 7 or 9 months vacated and overgrown and looks like something out of a Stephen King movie. I can only imagine who will eventually find it attractive. (I watched it being built nearly ten years ago by Fayette's youngest--and perhaps worst--builder whom we had dubbed "Foamwall Jackson" for his penchant of sheathing his houses in styrofoam of the quality of a last minute beer cooler purchased at the local convenient store on the way to a NASCAR event. That house was sagging the day Foamwall drove off in his truck. After a decade of use and abuse, it really needs to be bulldozed.)

Then, finally, another house just down the street went for foreclosure and was apparently purchased without a sign ever going up in the yard.

The streets in our neighborhood should be renamed: Bankruptcy Boulevard, Foreclosure Court....

Submitted by MYTMITE on Mon, 09/29/2008 - 5:12pm.

Maybe you and your neighbors can ban together and apply for a grant for neighborhood reclamation or some such. Nothing that bad happening around my area --yet. Are you sure all those smiling new neighbors aren't growing some hydroponic exotics in the basement, kitchen and every other room? Sounds like that group they busted. Maybe they aren't really smiling because they are glad to see you but from the effects of what they are inhaling. Let's hope your Nascar bunch doesn't connect with them--that would be one big mama of a rumble!

P>S> Didn't know God gave advice on color selection--I could have used his help when I was redoing my house!

muddle's picture
Submitted by muddle on Mon, 09/29/2008 - 5:34pm.

Well, note that my post is from June of 2007!

But more has happened. The house next door sat empty for a very long time and the yard became an attraction for ecotourists who wanted to explore an area overgrown with indigenous plants. We finally have new neighbors who must have gotten the (very nice) home for a fraction of what it had sold for previously. I'm still working to establish eye contact (uncannily difficult) so that I can wave.

The NASCAR (and fireworks-happy) bunch on the other side vacated a long time ago. The house sat empty so long that I was taking my grandkids for "train rides" (two red wagons linked behind a tractor) down the long driveway to see the "haunted house." Then it was purchased as rental property. We braced for the worst, but were pleasantly surprised by our neighbors of a few months. They just pulled out with the last of their furniture yesterday. We're bracing again.

We're well up in N. Fayette. T


"Puddleglum" by Weatherwax (one of the Muddlings).

Jeeves to the Rescue

Cyclist's picture
Submitted by Cyclist on Mon, 09/29/2008 - 1:37pm.

It sounds like one heck of a Monopoly Game going on in your neighborhood.
Caution - The Surgeon General has determined that constant blogging is an addiction that can cause a sedentary life style.

dawn69's picture
Submitted by dawn69 on Mon, 09/29/2008 - 1:51pm.

I've never liked monopoly, I'm too frugle. I save all my money, refusing to turn loose it to buy property - then half way into the game I can't land anywhere without paying rent. No, I don't like monopoly. I like Chinese Checkers - just always been good at seeing angles and strategy (an unusual ability for the artsy type). Not good at poker either - NEVER been good at hiding my emotions. I wear it all on the outside.

dawn69's picture
Submitted by dawn69 on Mon, 09/29/2008 - 2:04pm.

Signing off now. Have to go pick up my daughter - where is Sarah Palin when I need her. All in jest, Dorothy, I like Sarah too but right now I really do wish she could pick up my kid for me. I need sugar too - seriously, I do - got a sweet tea habbit I can't kick.

Humor aside - I do like Sarah Palin; however, I agree that she is a little green. I like Biden too and am pretty worried about what will happen on Thursday.

We'll all have alot to talk about come Friday morning.

Cyclist's picture
Submitted by Cyclist on Mon, 09/29/2008 - 2:07pm.

I'm gone to the gym. The fat needs more exercise.
Caution - The Surgeon General has determined that constant blogging is an addiction that can cause a sedentary life style.

Cyclist's picture
Submitted by Cyclist on Mon, 09/29/2008 - 2:01pm.

I never win at Monopoly. I'm the one that either lands on "Go Directly to Jail" or "Boardwalk" when someone has a hotel on it. That's my luck.

Caution - The Surgeon General has determined that constant blogging is an addiction that can cause a sedentary life style.

Submitted by Take back Fayette on Wed, 06/06/2007 - 7:19am.

for people. Look in the Fayette Daily News on any given wensday. Most are in Country Lakes, Brierfield, Dix-e-lee-on, and any other neighborhoods near Evander Holyfield. Soon to follow, Legacy Hills off 314!

Git Real's picture
Submitted by Git Real on Tue, 06/05/2007 - 7:39pm.

Go interview the residents of Country Lakes. You'll hit a wealth of imformation and experts on the subject.


"That man was Griffin Judicial Circuit District Attorney Scott Ballard".


mudcat's picture
Submitted by mudcat on Tue, 06/05/2007 - 6:51pm.

Ask Sam about foreclosure. He has been on both sides.

So, do you like my new picture? meow

Voice of Fayette Future's picture
Submitted by Voice of Fayett... on Tue, 06/05/2007 - 4:55pm.

Hasn't State Rep. Virgil Fludd been through the foreclosure process ? Maybe he could help us constituents with how to work our way through the process.

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