Foreclosures: Is it too late to prevent the sale of my property?
April 25, 2008
Maybe not. If you have not spoken with your lender, do so immediately. Find out the details of the default, which the lender believes you have committed, and what you can do to remedy this.
If you think your lender has made a mistake and that there is no default under the loan, bring this to the lender’s attention as soon as possible. You have the right to go before the court to prove that you did not default. Seek professional assistance to prove this.
Generally, the only legal basis upon which you can stop the foreclosure is if the debt and interest have been paid, there is no default, or the lender committed fraud in obtaining the mortgage. Objections may be filed after the sale has taken place, but before the court has ratified the sale, if the sale was improperly conducted. A bankruptcy filing prior to the actual sale will temporarily stop a foreclosure.
Tips to avoid a foreclosure
• Contact your mortgage lenders. They may be able to work out an arrangement.
• Give mortgage payments priority over credit card payments.
• Communicate with all your creditors to work out manageable payment terms.
• Contact the Consumer Credit Counseling Service of Maryland, a non-profit organization that can help in restructuring your indebtedness.
• Consult a lawyer who specializes in bankruptcy matters. The local lawyer referral service can assist you.
• Do not ever ignore or delay responding to a written communication from your mortgage lender.
This material was prepared by a section of the Maryland State Bar Association. It is intended to inform the public and not serve as legal advice. The material is believed to be correct but it is not warranted, and may not be applicable to your situation. If you need legal advice, you must contact an attorney.







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