Court allows lenders to restart foreclosures any time

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Note that bankruptcy does not stop foreclosure, as many believe. Instead, it simply delays the sale of the property until the homeowner resolves the debt, or in many cases, the lender gets approval from the bankruptcy court to continue the sale – an order granting motion for relief from stay.

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 · For those loans currently being serviced by Countrywide, Madigan requests that the court allow the Attorney General’s Office 90 days to review any loans in foreclosure or moving toward foreclosure that were originated using the unfair and deceptive practices alleged in the complaint to determine if the loan can be modified to be affordable.

Introduction. Alabama is a non judicial foreclosure state which means that a foreclosure does not have to go through the court system. This is different from judicial foreclosure states such as Florida. (Important – you can sue your mortgage company before the actual foreclosure sale to turn it.

In Florida, mortgage lenders must pursue judicial foreclosure, a process in which the lender initiates and executes foreclosure through a Florida court. Sale of a foreclosed property occurs at a public auction, where the home goes to the highest bidder. Following the proper steps can help you successfully purchase a Florida foreclosure.

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A judicial foreclosure allows a property to be sold by court order after sufficient public notice. Most lenders will seek a judicial foreclosure when they want to get a deficiency judgment, which is any outstanding debt remaining after the foreclosure and sale of a property.

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Indiana – Mortgage Foreclosure Trial Court Assistance Project. Indiana Division of State Court Administration Since July 1, 2009, the State of Indiana has levied a $50.00 filing fee on all new foreclosure filings.A portion of this fee is remitted to the Supreme Court to coordinate and facilitate settlement conferences between borrowers and lenders.