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The Foreclosure Survival Guide: Keep Your House or Walk Away With Money in Your Pocket »

Book cover image of The Foreclosure Survival Guide: Keep Your House or Walk Away With Money in Your Pocket by Stephen Elias

Authors: Stephen Elias
ISBN-13: 9781413310597, ISBN-10: 1413310591
Format: Paperback
Publisher: NOLO
Date Published: September 2009
Edition: (Non-applicable)

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Author Biography: Stephen Elias

Stephen R. Elias is an attorney and former associate publisher at Nolo, as well as current President of National Bankruptcy Law Project. He is the author of many Nolo books, most recently The New Bankruptcy: Will It Work for You? Other titles include Special Needs Trusts: Protect Your Child's Financial Future, How to File for Chapter 7 Bankruptcy, and Legal Research: How to Find and Understand the Law. He is also one of the original authors/designers of Nolo's bestselling WillMaker software. Steve holds a law degree from Hastings College of Law and was a practicing attorney in California, New York and Vermont before joining Nolo in 1980. He has been featured in such major media as The New York Times, The Wall Street Journal, Newsweek, Good Morning America, 20/20, Money magazine, and more.

Book Synopsis

Facing foreclosure? Know your options!

Foreclosures climbed a record 81% in 2008, with over 860,000 families losing their homes. In 2009, an additional 3 million foreclosures are predicted as temporary postponements end and homeowners are increasingly incapable of paying the mortgage during this brutal recession.

If you're having trouble making your mortgage payments or are already in jeopardy of foreclosure, The Foreclosure Survival Guide compassionately gives you the practical information you need, step by step.

An essential tool for anyone at risk of foreclosure, The Foreclosure Survival Guide provides key information about:

  • evaluating factors and risks when determining whether to stay in your home

  • staying in your home payment-free while saving money

  • using Chapter 7 bankruptcy to buy time while considering a workout or other options

  • using Chapter 13 bankruptcy to save your home

  • avoiding "foreclosure rescue" scams and using free government resources

  • utilizing "last resort" strategies if all else should fail

    The Foreclosure Survival Guide gathers all the information Attorney Stephen R. Elias has used to help hundreds of clients over 30 years of practicing law and shows you how to deal with foreclosure in your state.

    The 2nd edition of the nation's bestselling book on foreclosure is updated with the latest information on federal legislation to help struggling homeowners and bank-implemented foreclosure-delay programs. Thorough and easy to understand, The Foreclosure Survival Guide can help you stay in your home or walk away with money in your pocket.

    Joan Pedzich - Library Journal

    Bankruptcy attorney Elias targets the estimated two million American homeowners who are currently in default on their mortgages. Elias explains how foreclosure works, what options there may be for keeping a home when in default, and what to do when that is not possible. He includes instruction on negotiating a workout with a lender as well as chapters on how to use bankruptcy to avoid foreclosure. Elias's section on fighting foreclosure in the courts helps readers understand the circumstances in which they may be able to delay or stop a foreclosure action. The appendixes provide summaries of each state's foreclosure laws, a glossary, and information on finding and working with lawyers and bankruptcy petition preparers. Straightforward and timely, this is recommended for most public libraries.

  • Table of Contents

    Your Foreclosure Companion

    1. Foreclosure: The Big Picture


    A. What to Expect

    B. Your Options: An Overview

    C. How You Can Stay in Your House Payment Free

    D. Why Foreclosure Doesn't Have to Be So Bad Don't Get Scammed by a Foreclosure "Rescue" Company

    2. Foreclosure Nuts and Bolts

    A. How Much Time You'll Have to Respond In or Out of Court?

    B. Deficiency Judgments: Will You Still Owe Money After the Foreclosure?

    C. Taxes

    3. Can You Keep Your House? Should You?

    A. The Emotional Part of Foreclosure

    B. The Economics of Foreclosure: What You Need to Know

    C. When It Makes Sense to Keep Your House

    D. When It Makes Sense to Give up Your House

    4. Negotiating a Workout

    A. Do You Have Enough Time to Negotiate?

    B. Working With a Nonprofit Housing Counselor

    C. Basic Workout Options

    D. Workouts for Government-Backed Mortgages

    E. Special Protections for Service Members on Active Duty

    5. How Chapter 13 Bankruptcy Can Delay or Stop Foreclosure

    A. Using Chapter 13 to Keep Your House

    B. Using Chapter 13 to Delay Foreclosure

    C. Coming Up With a Repayment Plan

    D. An Overview of the Chapter 13 Bankruptcy Process

    E. Will You Need a Lawyer?

    6. How Chapter 7 Bankruptcy Can Delay or Stop Foreclosure

    A. How Chapter 7 Bankruptcy Helps You

    B. Using Chapter 7 Bankruptcy to Keep Your House

    C. Using Chapter 7 Bankruptcy to Delay a Foreclosure Sale

    D. The Chapter 7 Bankruptcy Process: An Overview

    E. Do You Qualify for Chapter 7 Bankruptcy?

    F. Will You Need a Lawyer?

    7. Fighting Foreclosure in Court

    A. How Long Can You Delay the Sale of Your House?

    B. When It May Be Worth Fighting

    C. How to Fight a Foreclosure

    8. If You Decide to Leave Your House

    A. Let the Foreclosure Proceed

    B. Sell the House in a Short Sale

    C. Offer the Lender a Deed in Lieu of Foreclosure

    D. Avoiding Deficiency Judgments

    E. Income Tax Liability for Deficiencies

    9. How Long Can You Stay in Your House for Free?

    A. When You Miss Your First Payment

    B. After You Receive a Formal Notice of Intent to Foreclose

    C. After the Sale

    D. After You Get a Notice to Leave

    10. Resources Beyond the Book

    A. Nonprofit Housing Counselors

    B. Real Estate Brokers

    C. Mortgage Brokers

    D. Lawyers

    E. Bankruptcy Petition Preparers

    F. Books

    G. Looking Up Foreclosure Statutes

    Glossary

    Index

    Subjects