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Category Archives: Foreclosure

What chapter should I file under if I am facing foreclosure?

By Nowack & Olson, PLLC |

If you determine that bankruptcy is the best path for you to save your home. The next step is to figure out which Chapter makes the most sense for your needs. Every homeowner’s circumstances are so unique. It really is a conversation that needs to be had with a qualified Florida bankruptcy lawyer. As… Read More »

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The importance of having a qualified bankruptcy lawyer handling your foreclosure case.

By Nowack & Olson, PLLC |

Seven people were recently indicted in Texas for abusing federal bankruptcy protection laws as a way to stop foreclosure actions on their homes. They filed bankruptcy without any intention of attempting to repay their debts. The filings were only intended to suspend the foreclosure process. While the actions by these individuals were deliberate acts… Read More »

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The bank says I’m not eligible for a loan modification. Now what?

By Nowack & Olson, PLLC |

In the previous post in this series, we discussed your right under Florida law to attempt to modify your loan as a way to avoid foreclosure and save your home. There have been numerous cases, however, where lenders will attempt to keep the terms of the current loan by telling you that you are… Read More »

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Is bankruptcy my only alternative to foreclosure?

By Nowack & Olson, PLLC |

For many people who are facing the threat of foreclosure, their mortgage payment is the only debt that is causing them financial difficulty. If there were a way to rework the terms of the mortgage or some of their other debts, it might provide the relief they need. In too many situations, however, the… Read More »

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How bankruptcy can help you keep your home

By Nowack & Olson, PLLC |

If you are facing the possibility of losing your home to foreclosure, it is important that you understand that you have the right to fight back and that you have options to save your home. While there can be a number of different approaches to dealing with mortgage debt, filing for bankruptcy has a… Read More »

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How can I stop the bank from foreclosing on my home?

By Nowack & Olson, PLLC |

In a previous post in this series, we discussed the foreclosure process and the steps lenders must take before initiating a foreclosure on your property. In that same post, we also mentioned that there may be steps you can take to stop the foreclosure and keep your home. Today we want to get into… Read More »

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Does the bank have the right to take my home?

By Nowack & Olson, PLLC |

If you are behind on your mortgage payments, it is possible for the bank to foreclose on your home. When you signed your mortgage agreement and promissory note, your house was put up as collateral in the event that you were unable to make your mortgage payments. That means the bank can force the… Read More »

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When is the right time to contact a lawyer about foreclosure?

By Nowack & Olson, PLLC |

By the time the lender contacts you to inform you of its intent to foreclose on your home, there has almost certainly been communication between you and the bank regarding past due mortgage payments. Whether through late fees on your mortgage statements, demand letters or collection calls, lenders take specific steps to collect past… Read More »

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How does foreclosure work?

By Nowack & Olson, PLLC |

It All Starts With A Single Missed Payment Foreclosure actions start with a single missed payment. If you miss a payment, your lender will likely assess a late fee and your next mortgage statement will show two payments due plus the late fee. If you miss a second — or, at most, a third… Read More »

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Can bankruptcy stop a foreclosure?

By Nowack & Olson, PLLC |

There may be no experience that you will ever face that is more concerning than the prospect of losing your home. When you receive the notice from the bank informing you that it intends to initiate foreclosure proceedings, it can be difficult to know where to turn for help. What happens next? What should… Read More »

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