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As a mortgage holder, you have obligations and failing to meet them could result in the loss of your home. Even if you’ve missed mortgage payments and your home is going into foreclosure, you have rights and mortgage lenders must meet certain requirements while the process is ongoing. When mortgage lender or servicer fails to meet the legal requirements, you have solid grounds to challenge foreclosure.

What Are a Lender’s Requirements During Foreclosure?

Federal law protects homeowners from abusive foreclosure practices, so there are rules mortgage lenders must follow before initiating a foreclosure. Some of those practices include:

Inform you via written notice that your mortgage is in default and that you have a specific date to pay the balance including any late fees and other penalties.
If you fail to bring your mortgage current, your lender will send you a notice that foreclosure process has begun. At this point, USAttorneys recommends you get the advice of a housing counselor or foreclosure attorney to inform you of your rights and what comes next.
Your mortgage lender must give you the opportunity to apply for the Home Affordable Modification Program. It is a federal program that helps troubled homeowners modify the terms of their mortgage loan.
Your lender must allow you the chance to apply for HAMP if your loan is eligible for this program. HAMP, which is the Home Affordable Modification Program, helps you and your lender come to an agreement on how your loan can be modified which in return can help put an end to the foreclosure process.
Even if you are communicating with a lender, the foreclosure process will continue to move forward. You need to stay on top of the process and continue to take steps to avoid foreclosure. A lender is not going to withdraw from the foreclosure process just because you are communicating with each other; your home is still vulnerable to seizure unless you are able to get your mortgage paid up and current.

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Mortgage Modification

If you want to apply for a mortgage modification, there are criteria you must meet for your application to be approved, according to Mortgage 101. Following are some of the requirements:

You must demonstrate you have financial need
You must show that you have the income to make mortgage payments under the new agreements
You must submit proof of income, and
You must submit a complete and accurate application.

Whether you decide to apply for a mortgage modification or fight your foreclosure judicially, you will benefit from having some well-versed in the foreclosure process working on your case. If mortgage modification is the route you choose, one of the lawyers at USAttorneys.com will help you negotiate for favorable terms.

Our team of foreclosure lawyers in Missouri will apply their talents and skill to your case and take whatever is required to help you avoid foreclosure. Call and arrange a case evaluation today before its too late.

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