Dave
USA#2Consumer Comment
Wed, October 12, 2011
Not knowing how far into the foreclosure process or how far past due you are here is some information that may help.
If you have been in contact with your mortgage lender ask them to send you the application to apply for a loan modification.
While you are being reviewed for a loan modification the legal process does not stop. Your mortgage lender can however suspend a sheriff sale if it appears that you would be approved for a loan modification.
Keep in mind just applying for a loan modification doesn't mean you would be approved. There are several factors that would be considered. One of the factors for an invested loan (Fannie Mae or Freddie Mac) is your mortgage payment would have to be over 31% of your gross income. If it's not the modification would be denied.
If it's a bank originated loan the guidelines are generally different and allow for more flexibility. One of the biggest factors is if you would have enough surplus to support a loan modification. If you do not have sufficient income even at a lower payment the modification will be declined. The reason is because a loan modification is intended to be permanent solution to your problem not a temporary one where you would just end up in foreclosure again.
If you don't qualify for a modification the only other options (other than foreclosure) that may be available would be a short sale or deed in lieu
Hiring another lawyer may delay the foreclosure process but it really is not going to help. All you would be doing is wasting more money which you could be using to make trial payments if you were to be approved for a modification.
If you have any question I'll try to answer them