Fulton Georgia Letter to Foreclosure Attorney - Payment Dispute

Name: Fulton Georgia Letter to Foreclosure Attorney - Payment Dispute
Brand: US Legal Forms
Rating: 4.82 (276 reviews)

Category:

Real Estate - Foreclosures

State:

Multi-State

County:

Fulton

Control #:

US-02507

Format:

Instant download

Description

Petitioner states that he/she disputes the amount allegedly due to a creditor. Petitioner requests an itemized report of his/her payments and that an explanation of the entries accompany the itemized report. Petitioner also demands that all actions cease until an accurate verification of the debt and the amount due is provided to him/her.

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FAQ

Lenders foreclosing in Georgia do not require court approval. Foreclosures are lender-friendly, meaning evictions are easy to perform. The only absolute way to stop a foreclosure sale in Georgia is to file a bankruptcy case or sell your house fast to an investor.

Under federal law, the servicer usually can't officially begin a foreclosure until you're more than 120 days past due on payments, subject to a few exceptions. (12 C.F.R. § 1024.41). This 120-day period provides most homeowners with ample opportunity to submit a loss mitigation application to the servicer.

A demand letter simply restates the terms of the loan, and demands that the borrower rectify their accounts immediately. More common for a non-judicial foreclosure might be a breach letter, which is required before issuing an NOD.

How Long Does Foreclosure Take? In Georgia, the foreclosure process can vary depending on your circumstances. However, on average, it takes about one to three weeks to complete. If your property was sold at a foreclosure auction, the eviction process takes about 14 to 30 days.

While the homeowner's records may indicate that they have been paying the mortgage, they may not have been paying to the right bank. The cause may be a clerical error on the homeowner's part or that of one of the banks. Regardless, if the current lender is not getting the payments, foreclosure is possible.

If you're behind in mortgage payments, you might be wondering how soon a foreclosure will start. Under federal law, in most cases, a mortgage servicer can't start a foreclosure until a homeowner is more than 120 days overdue on payments.

Three of the most common methods of walking away from a mortgage are a short sale, a voluntary foreclosure, and an involuntary foreclosure. A short sale occurs when the borrower sells a property for less than the amount due on the mortgage.

However, while there is no requirement to issue a demand letter in California, lenders may not issue an NOD less than 120 days after the default and less than thirty days after trying to reconcile the loan with the borrower.

Second Mortgages Although a primary mortgage lender's ability to come after an individual following a foreclosure depends directly on the type of loan the borrower had and the laws in her state of residence, second mortgage lenders can almost always file a lawsuit after foreclosure.

Here are some foreclosure prevention alternatives to consider when you think foreclosure is on the horizon. Reinstate Your Loan.Enter Into a Repayment Plan.Enter Into a Forbearance Agreement.Work Out a Loan Modification.Refinance.File for Chapter 7 or Chapter 13 Bankruptcy.

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Our real estate litigation team routinely represents clients in a variety of disputes, from real property purchase contracts to title insurance disputes. In today's economy, it is very difficult for families to catch up on mortgage payments.Fraud can stand in the way of repossession or other means of foreclosure. Lorenzen standard applies to stay violation in a corporate case. The debtor sold assets prepetition. When should a mechanics lien be used in the payment process? Letter containing confidential information to the attorney.

Fulton Georgia Letter to Foreclosure Attorney - Payment Dispute

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