Foreclosures Help Information

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Foreclosure Attorney Colorado

Question: After foreclosure can the 2nd mortgage holder come after me for the balance in Colorado?

I had a property go to foreclosure in Colorado with 1st and 2nd mortgages. The 2nd is now trying to settle and has been calling and mailing me for the past 8 months. Can they collect? Should I settle or should I just pay an attorney to make them go away. They are out almost $80k and I didn't file bankruptcy.

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Answer: These are all the mortgage walkaway trustee sale states, meaning they are non-judicial foreclosure states.

In those states, generally, when they foreclose on you, they cannot pursue you for their financial losses.

Many, such as California, do in theory allow a lender to choose judicial foreclosure but in those cases the lenders only do so if a borrower has significant other assets. This is the "one action" rule that lets the lender either pursue non-judicial foreclosure, at lower cost and less time, or judicial foreclosure that costs more money and takes more time but lets them go after you for their financial losses.

Alaska
Arizona
Arkansas
California
Colorado
District of Columbia (Washington DC)
Georgia
Hawaii
Idaho
Mississippi
Missouri
Montana (as long as non-judicial foreclosure is used)
Nevada - note that the lender CAN get a deficiency judgment (See below)
New Hampshire
Oregon
Tennessee
Texas (but even in a non-judicial foreclosure, the lender can pursue a deficiency judgment)
Virginia
Washington
West Virginia

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From what I understand if a trustee sale already took place legally the 2nd lender cannot exercise it's right to recourse. The only way they can have recourse action against you is if they had a judicial foreclosure that went through the court system.

The lender will try to bully you and make you think that they can come after you to squeeze what ever money out of you they can. The only way they can come after your assets is if they have a court hearing and obtain a judgement against you. Even if this were to happen you could claim bankruptcy and have it cleared.

There is a lot of information available about this on the internet. I recommend you do as much research as you can before contacting an attorney. Attorney's are very expensive and may not be necessary in your case.

The first step you should take is finding out if your property went through a judicial or non- judicial foreclosure. If it was non - judicial the 2nd lender has no legal grounds to come after you and they are just trying to scare you into giving them money.

Good Luck!

Colorado Springs Foreclosure Woodland Park Lawyer

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Foreclosure Assistance Colorado

Foreclosures are at an all-time high in America. Experts predict nearly 1.4 million homeowners will face foreclosure in 2008 and residents of Florida, California and Texas will take the hardest hit.

In 2007, Arizona foreclosures rose nearly 40-percent and Colorado reported one of every 345 households either filed foreclosure or were on the brink of filing. Currently, the only states immune from escalating foreclosure rates are Vermont, Maine and the District of Columbia. However, experts predict these states will experience an explosion of filings when adjustable-rate mortgages begin escalating later this year.

How did the housing crisis in America occur and why was it allowed to happen? Americans have always strived to reach the American Dream of homeownership. When zero-down, interest-optional balloon payment loans were offered, people were attracted to them like flies to honey. Millions of unsuspecting people were suckered into sub-prime loans and invested in houses way beyond their means.

As adjustable rates increased, mortgage payments doubled or even tripled. Individuals struggling to make their $1,000 note payment were now looking at $2,000 to $3,000 monthly payments. The sad reality is they simply did not possess the financial means to pay their note. When the bubble burst, their dream quickly became a nightmare.

Foreclosures not only have a devastating effect on the homeowner, but the lending institutions and local community as well. Individuals who reside in communities with high foreclosure rates are forced to pay higher property taxes, local taxes and increased fees for utilities.

Additionally, the potential for crime increases. Vacant homes are a magnet for unscrupulous characters. Vandals destroy property, oftentimes breaking windows and doors or leaving graffiti on both interior and exterior walls. Criminals engage in illegal activities including the sale of illegal drugs or weapons.

Real estate experts claim each individual foreclosure costs lending institutions approximately $80,000, while preventing foreclosure costs less than $3500. If this is true, why are foreclosures skyrocketing?

The primary factor stems from the fact that many people facing foreclosure become paralyzed with fear. They avoid contacting their lender and instead wait for the sheriff to arrive with their eviction notice.

There are steps homeowners can take to stop the foreclosure process. First and foremost, individuals in financial distress should contact their lender. Foreclosures are usually handled by the lender's Loss Mitigation Department. Additionally, the U.S. Department of Housing and Urban Development (HUD) offers free credit counseling through approved agencies and can assist homeowners negotiate with their lender.

Analysts claim America's housing crisis will eventually make a turn for the better. However, they predict it will take three to five years to recover from the onslaught of foreclosures.

On the bright side, there has never been a better time for real estate investors. With an abundance of distressed properties being offered for pennies on the dollar, now is the time to buy. However, not every foreclosure property is a great deal and due diligence must be conducted before riding the foreclosure wave.

One of the best ways to invest in foreclosures is to seek out private real estate investors who purchase bank portfolios of real estate owned property. Investors are able to purchase properties in bulk and pass their savings along to interested parties. It's not uncommon to purchase bank foreclosures from private investors with instant equity of 20-percent or more.

Although the real estate market currently looks bleak, there is hope on the horizon. If you are currently facing foreclosure take the first step and contact your lender immediately. If they are unable or unwilling to work with you, contact HUD. While the foreclosure process can be overwhelming, it can be overcome with persistence and patience.

About the Author:

Providing solutions to individuals facing
foreclosures">http://www.simonvolkov.com/articles/foreclosures/">foreclosures
and other hardships, investors seeking solid investment opportunities and banks and financial institutions who want to sell their portfolios, Simon Volkov is a one-stop shop for real estate and investment opportunities. Learn more by visiting

www.SimonVolkov.com
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Source - Foreclosures: Housing Crisis In America

Colorado Foreclosure Hotline

Foreclosure Lawyer Colorado

If you are going to fight the foreclosure of your home, you need to know what your foreclosure rights are and how to use them to your best advantage. This means getting educated and if you want to save your home, it means getting educated quickly.

The first thing you need to know is that every state has different foreclosure laws. There is not one universal law that governs all states. What this means is that you need to research the laws for your state to figure out what they are. Because whatever those laws are, that is what governs your foreclosure rights.

A good place to start looking to find out what your foreclosure rights are is the website for your state. Doing a search for foreclosure should point you in the right direction. That should at least give you some information and hopefully a phone number to call. I know that in Colorado, there is a free foreclosure hotline that offers free assistance. Because of the current foreclosure crisis in the U.S., many states are now offering all kinds of different free assistance to homeowners to help them understand their foreclosure rights and stop the foreclosure of their homes.

Another good place to look to understand your foreclosure rights is an attorney. I know that it can be difficult or even impossible to afford an attorney when you are facing foreclosure but there are resources out there that can help. If your income is low enough, you might be able to qualify for free help from an attorney or you may be able to find an attorney that would take on your situation pro bono (for free). You will never find out unless you do a little digging and unless you ask an attorney if they are willing to help you.

Doing some research on the internet can also help you understand your foreclosure rights. Sit down with the documents that your mortgage company’s lawyers have sent you and lookup every word or phrase that you do not understand. That is what I did and it helped me get a better idea of what I was dealing with. My one warning here is that be careful who you listen to. There are plenty of people out there who try to take advantage of people who are in the middle of foreclosure. Look at more than one website to get your information. It gives you different perspectives as well as giving you a better idea of whether or not it is actually credible, good information.

About the Author:

Understanding your foreclosure rights is one of the best ways to stop mortgage foreclosure on your home. Finding ways to educate yourself is the best way to do that. Get more information about what your foreclosure rights are at http://www.Stopping-Home-Foreclosure.com/ForeclosureRights.html

Source - What are Your Foreclosure Rights

Colorado Exempt Property Lawyer Fountain Attorney