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Home > Law > Real Estate Law   »   who owns !

 
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Old Aug 14, 2006, 01:54 AM
Shawndria
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who owns !

how fast can a home sell if the owner falls behind on a few morage payments? and can i still be living in the home that they sold, if its not mine anymore?

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Old Aug 14, 2006, 02:10 AM   #2  
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Quote:
Originally Posted by Shawndria
how fast can a home sell if the owner falls behind on a few morage payments?
This will vary from state to state and bank to bank. Know, though, that you will have to get lots of notices...then you'll get notices of the lawsuit filed...notice of the court date, then a hearing. After judgment is granted, then there are more notices prior to the sheriff's sale.

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Originally Posted by Shawndria
and can i still be living in the home that they sold, if its not mine anymore?
You will be forced out prior to sheriff's sale. If you are nearing losing your home you should seek financial counselling and/or legal advice. If you just cannot afford your mortgage payments, you need to seriously look at another gameplan, as it is eventual that you will lose that home if you don't make the payments.

...sorry to be the bearer of not so pleasant news

Good luck to you Shawndria.
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Old Aug 14, 2006, 04:58 AM   #3  
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Depending on if your state has judicial foreclosure laws - 120 to 180 days and once the bank takes the property, they can immediately remove any occupants including prior owners or tenants.

1) ask your mortgage company about recasting your loan and adding any deliquent payments to your loan principal amount;

2) bring in an "equity" partner if the monies owed are significant and can be recast;

3) list it with a realtor firm who has experience with "distressed sales" and be sure to price it right;

4) offer the mortgage a deed in lieu of foreclosure.
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