The Foreclosure Survival Guide: Keep Your House or Walk Away With Money in Your Pocket [NOOK Book]

Overview

Facing foreclosure? You have options.

If you're one of the millions Americans who are having trouble making your mortgage payments ...
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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 millions 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
• how to decide if you should try to keep your house
• federal programs to help you avoid foreclosure
• alternatives to foreclosure, such as short sales and deeds in lieu
• delaying or avoiding foreclosure with bankruptcy, and
• avoiding foreclosure scams.

This edition of the nation's bestselling book on foreclosure is updated with the latest information on the federal Making Home Affordable programs, recent court decisions affecting homeowner’s rights, and state foreclosure procedures and timelines.
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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: 9781413319514
  • Publisher: NOLO
  • Publication date: 9/12/2013
  • Sold by: Barnes & Noble
  • Format: eBook
  • Edition number: 9
  • Pages: 566
  • Sales rank: 469,983
  • File size: 3 MB

Meet the Author

Until his death in late 2011, Stephen R. Elias was a practicing attorney, active Nolo author, and president of the National Bankruptcy Law Project. He was an important part of Nolo for more than 30 years, and was the author or coauthor of many Nolo books, including Bankruptcy for Small Business Owners. Other titles include Special Needs Trusts: Protect Your Child's Financial Future, How to File for Chapter 7 Bankruptcy, Chapter 13 Bankruptcy, and Legal Research: How to Find and Understand the Law. He was also one of the original authors of Nolo's bestselling WillMaker software. Steve held a law degree from Hastings College of Law and practiced law in California, New York, and Vermont before joining Nolo in 1980. He was featured in such major media as The New York Times, The Wall Street Journal, Newsweek, Good Morning America, 20/20, Money Magazine, and more. The blog he began on bankruptcy and foreclosure law continues at Nolo's Bankruptcy & Foreclosure Blog.
Amy Loftsgordon, contributing updater for the fourth edition, has worked in the area of foreclosure for over ten years. She received a B.A. from the University of Southern California and a law degree from the University of Denver Sturm College of Law. She is licensed to practice law in Colorado. She is a regular contributor to the foreclosure section of Nolo's website.
Leon Bayer, contributing updater for the fourth edition, has been practicing bankruptcy law since
1979 and is a Certified Specialist in Bankruptcy Law. He is a frequent lecturer on bankruptcy issues.
Bayer authors the “Ask Leon” series on Nolo’s Bankruptcy, Debt & Foreclosure blog and writes on
bankruptcy for Nolo.com. The State Bar of California has commended Bayer for his extensive volunteer
work, offering legal services to those who cannot afford to pay for them.
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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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