I am going through foreclosure of my home and property. During this time I was able to sell one of my properties for?

According to novalawgroup. Com, one of the best way to stop foreclosure without filing for bankruptcy, is to "to bring a lawsuit against the lender for violations of the Truth in Lending Act and its related provisions. While in some cases the lender may have complied with the provisions of the Act, in many cases, the lender has failed to comply with one or more provisions of federal law.

Certain provisions allow for rescission of the note and deed of trust, and when claimed as a defense to a foreclosure action, can result in a temporary or permanent stop to a foreclosure action if a good faith claim can be made against the lender. " It was further discussed that "TILA violations are too numerous to count, but some important examples include: interest rates above the maximum cap defined by statute, inaccurate disclosures on the Truth in Lending Statement, failure to give two copies of the right of rescission to the borrowers after the loan closing, negative amortization provisions in some instances on home equity loans, and non-disclosure of finance charges or hidden fees. " For other methods, kindly visit the links below: novalawgroup.com/blog/?cat=29 ny-bankruptcy.com/blog/category/stop-pre....

I am guessing that the contract you mention says something about you not being able to include the property in a bankruptcy, not that you can't file bankruptcy. Without actually seeing the papers it is hard to tell, but I know it's VERY easy to misread such documents. Having been through this recently myself, I know that all of these papers are alarming and seem very personal, but that half of them don't even mean what you think they mean.

That's what attorneys are for. Seriously, it's no fun to hire an attorney and they don't always have the most winning personalties on the planet but there are times in life when you need a good one, and I'd say you've hit one of those times. Your question is a bit confusing.

You say you were able to short sell your property to avoid foreclosure and that the bank agreed to it (the papers you mention I am assuming were short sale papers of some sort), but you also say you are in foreclosure and you want to hold on to your house? Do I have that right? Or have I misunderstood what you are saying here?

It sounds like you are saying you were forced into a short sale because of foreclosure proceedings and now you want to keep your house? If you got the bank to agree to a short sale of a property they were about to take back, I think you might actually be lucky. I know you don't FEEL lucky, but banks are still slow to accept such terms.

On the other hand, if I understand you right, you may have other options depending on your personal situation, the state you live in, how much you owe, how recently you signed the contract, and so forth. (Most contracts can be voided within 30 days if you change your mind, but again, it depends on the contract.) You may be able to change your mind, you may not. What you need is good specific legal information about your personal situation.

My advice would be to make an appointment with a bankruptcy attorney immediately if you haven't already done so and take the short sale papers with you. The first appointment is free 99.99% of the time. The attorney will tell you if you can file, what it will cost you, and how filing might (or might not) impact your property.

From there you can decide what you want to do next, if anything. You can also talk to a HUD counselor about your situation by contacting the office in your state through the office finder at hud.gov/offices/hsg/sfh/hcc/fc/ or by calling 888-995-HOPE. Talking to a HUD counselor is free.

You won't be out anything if you just contact them, tell them what's up, and ask for advice. Often they have resources, ideas, and contacts that you might not have even considered. Sometimes they can put a different spin on it and help you get going in a different direction entirely.

Good luck! I'm really sorry this is happening to you. Hang in there.

It will get better, but probably not quickly.

I have read an article that states that debtors cannot waive their right to file a bankruptcy case. So what yourbank has been doing in letting you sign those papers that says that you are waiving your right to file for bankruptcy is not acceptable. You can still file for bankruptcy to save your properties.

Moreover, such waivers are uneforceable whether they are contained in the original loan documents or in workout agreements entered into after default. ---quote--- Typical Scenario Typically, negotiations over bankruptcy waiver provisions occur between a debtor in default and a secured creditor who is entitled to exercise its right to foreclose on collateral. Almost all of the cases that have addressed waivers of the automatic stay involved loans on single parcels of real estate.

After default, the debtor hopes that with additional time, and perhaps other concessions, the debtor will be able to resolve its problems without filing a bankruptcy case, perhaps by sale of the property or by finding new equity. The secured creditor may be willing to delay exercising its rights and to grant concessions believing that this approach is preferable to a bankruptcy filing. The secured creditor may also believe that it too would benefit from the forbearance.In other situations, the secured creditor believes that the debtor will not succeed and that a later foreclosure or bankruptcy is inevitable.

Thus, the essence of the workout agreement between the debtor and the secured creditor is often that there will not be a later bankruptcy. If the debtor does not succeed in solving the problem in the negotiated time period, he or she will cooperate with the secured creditor by allowing a foreclosure on the collateral or perhaps by delivering a deed in lieu of foreclosure.In negotiating a workout agreement, sometimes called a forbearance agreement, attorneys for the secured creditor are now sometimes insisting that if there is a later bankruptcy, the debtor will waive its right to the protection of an automatic stay so that the creditor receives the benefit of its bargain and may proceed with foreclosure notwithstanding the bankruptcy. ----end of quote-- ***You can read more information at the link.

I cant really gove you an answer,but what I can give you is a way to a solution, that is you have to find the anglde that you relate to or peaks your interest. A good paper is one that people get drawn into because it reaches them ln some way.As for me WW11 to me, I think of the holocaust and the effect it had on the survivors, their families and those who stood by and did nothing until it was too late.