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The Foreclosure Survival Guide: Keep Your House or Walk Away With Money in Your Pocket

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Overview


Facing foreclosure? You have options.

If you're one of the 2 million Americans who are having trouble making your mortgage payments or are already in jeopardy of foreclosure, this guide will give you the practical information you need, including:

-the ins and outs of foreclosure procedures, with state-by-state information
-how to decide whether or not you should try to keep your house
-using bankruptcy to buy time or save your home
-how to ...

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The Foreclosure Survival Guide: Keep Your House or Walk Away With Money in Your Pocket

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Overview


Facing foreclosure? You have options.

If you're one of the 2 million Americans who are having trouble making your mortgage payments or are already in jeopardy of foreclosure, this guide will give you the practical information you need, including:

-the ins and outs of foreclosure procedures, with state-by-state information
-how to decide whether or not you should try to keep your house
-using bankruptcy to buy time or save your home
-how to avoid ""rescue"" scams

This edition of the nation's bestselling book on foreclosure is updated with the latest information on federal legislation to help struggling homeowners and bank-implemented foreclosure-delay programs. Thorough and easy to understand, you will learn all your options including:

- how long you'll likely be able to stay in your house - and save money - if the foreclosure goes ahead
- how to do a short sale or deed in lieu of foreclosure
- how you can get free help negotiating a mortgage modification

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Editorial Reviews

Library Journal

Bankruptcy attorney Elias targets the estimated two million American homeowners who are currently in default on their mortgages. Elias explains how foreclosure works, what options there may be for keeping a home when in default, and what to do when that is not possible. He includes instruction on negotiating a workout with a lender as well as chapters on how to use bankruptcy to avoid foreclosure. Elias's section on fighting foreclosure in the courts helps readers understand the circumstances in which they may be able to delay or stop a foreclosure action. The appendixes provide summaries of each state's foreclosure laws, a glossary, and information on finding and working with lawyers and bankruptcy petition preparers. Straightforward and timely, this is recommended for most public libraries.
—Joan Pedzich

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Product Details

  • ISBN-13: 9781413309102
  • Publisher: NOLO
  • Publication date: 10/24/2008
  • Pages: 304
  • Product dimensions: 8.98 (w) x 6.90 (h) x 0.66 (d)

Meet the Author

Stephen R. Elias is an attorney and former associate publisher at Nolo, as well as current President of the National Bankruptcy Law Project. He is the author of many Nolo books, including recently The New Bankruptcy. Other titles include Special Needs Trusts and How to File for Chapter 7 Bankruptcy. He is also one of the original authors/designers of Nolo's bestselling WillMaker software. Steve holds a law degree from Hastings College of Law and was a practicing attorney in California, New York and Vermont before joining Nolo. He has been featured in such major media as The New York Times, The Wall Street Journal, Newsweek, Good Morning America, 20/20, Money magazine, and more.
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Table of Contents

Your Foreclosure Companion

1. Foreclosure: The Big Picture


A. What to Expect

B. Your Options: An Overview

C. How You Can Stay in Your House Payment Free

D. Why Foreclosure Doesn't Have to Be So Bad Don't Get Scammed by a Foreclosure "Rescue" Company

2. Foreclosure Nuts and Bolts

A. How Much Time You'll Have to Respond In or Out of Court?

B. Deficiency Judgments: Will You Still Owe Money After the Foreclosure?

C. Taxes

3. Can You Keep Your House? Should You?

A. The Emotional Part of Foreclosure

B. The Economics of Foreclosure: What You Need to Know

C. When It Makes Sense to Keep Your House

D. When It Makes Sense to Give up Your House

4. Negotiating a Workout

A. Do You Have Enough Time to Negotiate?

B. Working With a Nonprofit Housing Counselor

C. Basic Workout Options

D. Workouts for Government-Backed Mortgages

E. Special Protections for Service Members on Active Duty

5. How Chapter 13 Bankruptcy Can Delay or Stop Foreclosure

A. Using Chapter 13 to Keep Your House

B. Using Chapter 13 to Delay Foreclosure

C. Coming Up With a Repayment Plan

D. An Overview of the Chapter 13 Bankruptcy Process

E. Will You Need a Lawyer?

6. How Chapter 7 Bankruptcy Can Delay or Stop Foreclosure

A. How Chapter 7 Bankruptcy Helps You

B. Using Chapter 7 Bankruptcy to Keep Your House

C. Using Chapter 7 Bankruptcy to Delay a Foreclosure Sale

D. The Chapter 7 Bankruptcy Process: An Overview

E. Do You Qualify for Chapter 7 Bankruptcy?

F. Will You Need a Lawyer?

7. Fighting Foreclosure in Court

A. How Long Can You Delay the Sale of Your House?

B. When It May Be Worth Fighting

C. How to Fight a Foreclosure

8. If You Decide to Leave Your House

A. Let the Foreclosure Proceed

B. Sell the House in a Short Sale

C. Offer the Lender a Deed in Lieu of Foreclosure

D. Avoiding Deficiency Judgments

E. Income Tax Liability for Deficiencies

9. How Long Can You Stay in Your House for Free?

A. When You Miss Your First Payment

B. After You Receive a Formal Notice of Intent to Foreclose

C. After the Sale

D. After You Get a Notice to Leave

10. Resources Beyond the Book

A. Nonprofit Housing Counselors

B. Real Estate Brokers

C. Mortgage Brokers

D. Lawyers

E. Bankruptcy Petition Preparers

F. Books

G. Looking Up Foreclosure Statutes

Glossary

Index

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Customer Reviews

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Sort by: Showing all of 2 Customer Reviews
  • Posted March 3, 2009

    My first experience with NOLO Books was very good.

    This book is easy to understand and to the point. It addresses the different options available to Homeowners who are in financial distress and are at risk of foreclosure. The book discusses different tactics that are being used by individuals to handle foreclosure, and expected outcomes. The examples are from current situations and address each state's law regarding actions and timelines for foreclosure. It also discusses what bankruptcy options are available and explains in very simple, easy-to-understand terms. I particularly liked the advice on how to use the system to your greatest advantage.

    2 out of 2 people found this review helpful.

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  • Anonymous

    Posted July 25, 2009

    No text was provided for this review.

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