The Bank Is Threatening Foreclosure on My Home - Revision history

Desy Wahyuni: Desy moved page The bank is threatening foreclosure on my home to The Bank Is Threatening Foreclosure on My Home

2017-05-02T04:16:07Z

Desy moved page The bank is threatening foreclosure on my home to The Bank Is Threatening Foreclosure on My Home

← Older revision		Revision as of 04:16, 2 May 2017
(No difference)

Drew Jackson: /* Where to get help */

2017-03-10T23:09:05Z

Where to get help

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	Before meeting with a lawyer or advocate, complete the form [[Preparing for Your Interview]] included in this Guide. Make sure you bring copies of all documents relating to your case.		Before meeting with a lawyer or advocate, complete the form [[Preparing for Your Interview]] included in this Guide. Make sure you bring copies of all documents relating to your case.

	{{REVIEWED \| reviewer = [[Drew Jackson]], ~~February 2013~~}}		{{REVIEWED \| reviewer = [[Drew Jackson]], March 2017}}

	{{Template:Legal Help Guide Navbox\|type=problems}}		{{Template:Legal Help Guide Navbox\|type=problems}}

	{{Creative Commons for Legal Help Guide}}		{{Creative Commons for Legal Help Guide}}

Drew Jackson: /* First steps */

2017-03-10T23:05:36Z

First steps

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	#Do ''not'' ignore the demand letter. If at all possible, you should get legal advice right away. Then, try to negotiate with the lender to see if you can arrange manageable repayment terms.		#Do ''not'' ignore the demand letter. If at all possible, you should get legal advice right away. Then, try to negotiate with the lender to see if you can arrange manageable repayment terms.
	#If you can’t work things out with the lender, the lender <span class="noglossary">will</span> probably start a court action to foreclose on your mortgage. This usually happens after you’ve missed three months of payments. But it can happen sooner. They will ''serve'' on you (give you in person) a BC Supreme Court ''petition''. The petition will ask the court to confirm the amount you owe and set a time period — usually six months, but sometimes shorter — during which you can ''redeem'', or pay off the mortgage. At some point in the foreclosure process, the lender may also ask for an order that your home be sold, and for an order that the lender <span class="noglossary">will</span> have ''conduct'' (control) of the sale.		#If you can’t work things out with the lender, the lender <span class="noglossary">will</span> probably start a court action to foreclose on your mortgage. This usually happens after you’ve missed three months of payments. But it can happen sooner. They will ''serve'' on you (give you in person) a BC Supreme Court ''petition''. The petition will ask the court to confirm the amount you owe and set a time period — usually six months, but sometimes shorter — during which you can ''redeem'', or pay off the mortgage. At some point in the foreclosure process, the lender may also ask for an order that your home be sold, and for an order that the lender <span class="noglossary">will</span> have ''conduct'' (control) of the sale.
	#If you are served with a foreclosure petition, it is important to get legal help. If you are self-representing, you must file a ''response'' document within 21 days ~~of service~~, ''and'' deliver it to all parties along with any ''affidavits'' (sworn written statements) telling your side of the story.		#If you are served with a foreclosure petition, it is important to get legal help. If you are self-representing, you must file a ''response'' document within 21 days after the date the petition was served on you, ''and'' deliver it to all parties along with any ''affidavits'' (sworn written statements) telling your side of the story.

	Supreme Court forms can be accessed through the "[http://www.clicklaw.bc.ca/content/lawscases Laws, Cases & Rules]" page on Clicklaw; click on "BC Supreme Court Civil Forms." For information on what should go into an affidavit, see the publication "[http://www.clicklaw.bc.ca/resource/1037 Can't Pay Your Mortgage? What You Can Do If You're Facing Foreclosure]."		Supreme Court forms can be accessed through the "[http://www.clicklaw.bc.ca/content/lawscases Laws, Cases & Rules]" page on Clicklaw; click on "BC Supreme Court Civil Forms." For information on what should go into an affidavit, see the publication "[http://www.clicklaw.bc.ca/resource/1037 Can't Pay Your Mortgage? What You Can Do If You're Facing Foreclosure]."

Drew Jackson: /* First steps */

2017-03-10T23:03:01Z

First steps

← Older revision		Revision as of 23:03, 10 March 2017
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	#Do ''not'' ignore the demand letter. If at all possible, you should get legal advice right away. Then, try to negotiate with the lender to see if you can arrange manageable repayment terms.		#Do ''not'' ignore the demand letter. If at all possible, you should get legal advice right away. Then, try to negotiate with the lender to see if you can arrange manageable repayment terms.
	#If you can’t work things out with the lender, the lender <span class="noglossary">will</span> probably start a court action to foreclose on your mortgage. This usually happens after you’ve missed three months of payments. But it can happen sooner. They will serve on you (give you in person) a BC Supreme Court ''petition''. The petition will ask the court to confirm the amount you owe and set a time period — usually six months, but sometimes shorter — during which you can ''redeem'', or pay off the mortgage. At some point in the foreclosure process, the lender may also ask for an order that your home be sold, and for an order that the lender <span class="noglossary">will</span> have ''conduct'' (control) of the sale.		#If you can’t work things out with the lender, the lender <span class="noglossary">will</span> probably start a court action to foreclose on your mortgage. This usually happens after you’ve missed three months of payments. But it can happen sooner. They will ''serve'' on you (give you in person) a BC Supreme Court ''petition''. The petition will ask the court to confirm the amount you owe and set a time period — usually six months, but sometimes shorter — during which you can ''redeem'', or pay off the mortgage. At some point in the foreclosure process, the lender may also ask for an order that your home be sold, and for an order that the lender <span class="noglossary">will</span> have ''conduct'' (control) of the sale.
	#If you are served with a foreclosure petition, it is important to get legal help. If you are self-representing, you must file a ''response'' document within 21 days of service, ''and'' deliver it to all parties along with any ''affidavits'' (sworn written statements) telling your side of the story.		#If you are served with a foreclosure petition, it is important to get legal help. If you are self-representing, you must file a ''response'' document within 21 days of service, ''and'' deliver it to all parties along with any ''affidavits'' (sworn written statements) telling your side of the story.

Drew Jackson: /* First steps */

2017-03-10T23:02:10Z

First steps

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	#Do ''not'' ignore the demand letter. If at all possible, you should get legal advice right away. Then, try to negotiate with the lender to see if you can arrange manageable repayment terms.		#Do ''not'' ignore the demand letter. If at all possible, you should get legal advice right away. Then, try to negotiate with the lender to see if you can arrange manageable repayment terms.
	#If you can’t work things out with the lender, the lender <span class="noglossary">will</span> probably start a court action to foreclose on your mortgage. This usually happens after you’ve missed		#If you can’t work things out with the lender, the lender <span class="noglossary">will</span> probably start a court action to foreclose on your mortgage. This usually happens after you’ve missed three months of payments. But it can happen sooner. They will serve on you (give you in person) a BC Supreme Court ''petition''. The petition will ask the court to confirm the amount you owe and set a time period — usually six months, but sometimes shorter — during which you can ''redeem'', or pay off the mortgage. At some point in the foreclosure process, the lender may also ask for an order that your home be sold, and for an order that the lender <span class="noglossary">will</span> have ''conduct'' (control) of the sale.
	three months of payments. But it can happen sooner. They will serve on you (give you in person) a BC Supreme Court ''petition''. The petition will ask the court to confirm the amount you owe and set a time period — usually six months, but sometimes shorter — during which you can ''redeem'', or pay off the mortgage. At some point in the foreclosure process, the lender may also ask for an order that your home be sold, and for an order that the lender <span class="noglossary">will</span> have ''conduct'' (control) of the sale.
	#If you are served with a foreclosure petition, it is important to get legal help. If you are self-representing, you must file a ''response'' document within 21 days of service, ''and'' deliver it to all parties along with any ''affidavits'' (sworn written statements) telling your side of the story.		#If you are served with a foreclosure petition, it is important to get legal help. If you are self-representing, you must file a ''response'' document within 21 days of service, ''and'' deliver it to all parties along with any ''affidavits'' (sworn written statements) telling your side of the story.

Drew Jackson: /* First steps */

2017-03-10T23:01:51Z

First steps

← Older revision		Revision as of 23:01, 10 March 2017
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	#Do ''not'' ignore the demand letter. If at all possible, you should get legal advice right away. Then, try to negotiate with the lender to see if you can arrange manageable repayment terms.		#Do ''not'' ignore the demand letter. If at all possible, you should get legal advice right away. Then, try to negotiate with the lender to see if you can arrange manageable repayment terms.
	#If you can’t work things out with the lender, the lender <span class="noglossary">will</span> probably serve you ~~with~~ a BC Supreme Court ''petition'' ~~asking for an ''order nisi'' of foreclosure~~. ~~If granted, an order nisi <span class="noglossary">~~will~~</span> state~~ the amount ~~owing on the mortgage~~ and ~~<span class="noglossary">will</span> establish~~ a time period — usually six months, but sometimes shorter — during which you can ''redeem'', or pay off the mortgage. At some point in the foreclosure process, the lender may also ask for an order that your home be sold, and for an order that the lender <span class="noglossary">will</span> have ''conduct'' (control) of the sale.		#If you can’t work things out with the lender, the lender <span class="noglossary">will</span> probably start a court action to foreclose on your mortgage. This usually happens after you’ve missed
			three months of payments. But it can happen sooner. They will serve on you (give you in person) a BC Supreme Court ''petition''. The petition will ask the court to confirm the amount you owe and set a time period — usually six months, but sometimes shorter — during which you can ''redeem'', or pay off the mortgage. At some point in the foreclosure process, the lender may also ask for an order that your home be sold, and for an order that the lender <span class="noglossary">will</span> have ''conduct'' (control) of the sale.
	#If you are served with a foreclosure petition, it is important to get legal help. If you are self-representing, you must file a ''response'' document within 21 days of service, ''and'' deliver it to all parties along with any ''affidavits'' (sworn written statements) telling your side of the story.		#If you are served with a foreclosure petition, it is important to get legal help. If you are self-representing, you must file a ''response'' document within 21 days of service, ''and'' deliver it to all parties along with any ''affidavits'' (sworn written statements) telling your side of the story.

Drew Jackson at 00:19, 14 April 2013

2013-04-14T00:19:00Z

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	{{Template:Legal Help Guide Navbox\|type=problems}}		{{Template:Legal Help Guide Navbox\|type=problems}}

	{{Creative Commons		{{Creative Commons for Legal Help Guide}}
	~~\|title =~~ Legal Help ~~for British Columbians~~
	~~\|author = [[Cliff Thorstenson]] and [[Courthouse Libraries BC]]~~
	}}

Drew Jackson: /* Where to get help */

2013-04-13T20:04:05Z

Where to get help

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	*[[Credit Counselling Society of BC]].		*[[Credit Counselling Society of BC]].
	*[[Access Pro Bono]], [[Lawyer Referral Service]], and [[Private Bar Lawyers\|private bar lawyers]].		*[[Access Pro Bono]], [[Lawyer Referral Service]], and [[Private Bar Lawyers\|private bar lawyers]].
	*The Legal Services Society publication "[http://www.clicklaw.bc.ca/resource/1037 Can't Pay Your Mortgage? What You Can Do If You're Facing Foreclosure]".		*The Legal Services Society publication "[http://www.clicklaw.bc.ca/resource/1037 Can't Pay Your Mortgage? What You Can Do If You're Facing Foreclosure]."
	*The Clicklaw common question "[http://www.clicklaw.bc.ca/question/commonquestion/1015 I've missed a few mortgage payments and am facing foreclosure]" for a few more resources on foreclosure.		*The Clicklaw common question "[http://www.clicklaw.bc.ca/question/commonquestion/1015 I've missed a few mortgage payments and am facing foreclosure]" for a few more resources on foreclosure.

Drew Jackson: /* First steps */

2013-04-13T20:01:52Z

First steps

← Older revision		Revision as of 20:01, 13 April 2013
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	#Do ''not'' ignore the demand letter. If at all possible, you should get legal advice right away. Then, try to negotiate with the lender to see if you can arrange manageable repayment terms.		#Do ''not'' ignore the demand letter. If at all possible, you should get legal advice right away. Then, try to negotiate with the lender to see if you can arrange manageable repayment terms.
	#If you can’t work things out with the lender, the lender <span class="noglossary">will</span> probably serve you with a BC Supreme Court ''petition'' asking for an ''order nisi'' of foreclosure. If granted, an order nisi <span class="noglossary">will</span> state the amount owing on the mortgage and <span class="noglossary">will</span> establish a time period — usually six months, but sometimes shorter — during which you can ''redeem'', or pay off the mortgage. At some point in the foreclosure process, the lender may also ask for an order that your home be sold, and for an order that the lender <span class="noglossary">will</span> have '''conduct''' (control) of the sale.		#If you can’t work things out with the lender, the lender <span class="noglossary">will</span> probably serve you with a BC Supreme Court ''petition'' asking for an ''order nisi'' of foreclosure. If granted, an order nisi <span class="noglossary">will</span> state the amount owing on the mortgage and <span class="noglossary">will</span> establish a time period — usually six months, but sometimes shorter — during which you can ''redeem'', or pay off the mortgage. At some point in the foreclosure process, the lender may also ask for an order that your home be sold, and for an order that the lender <span class="noglossary">will</span> have ''conduct'' (control) of the sale.
	#If you are served with a foreclosure petition, it is important to get legal help. If you are self-representing, you must file a ''response'' document within 21 days of service, ''and'' deliver it to all parties along with any ''affidavits'' (sworn written statements) telling your side of the story.		#If you are served with a foreclosure petition, it is important to get legal help. If you are self-representing, you must file a ''response'' document within 21 days of service, ''and'' deliver it to all parties along with any ''affidavits'' (sworn written statements) telling your side of the story.

Drew Jackson at 20:00, 13 April 2013

2013-04-13T20:00:53Z

← Older revision		Revision as of 20:00, 13 April 2013
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	{{Template:Legal Help Guide TOC}}When a bank or other institution lends you money to buy a home, they take a ''mortgage'' to secure payment. A mortgage is registered against the title of your home, and if you don’t make the required payments, the bank may be able to ''foreclose''. This <span class="noglossary">will</span> usually mean you have to pay them the entire amount owing on the mortgage, though sometimes you can arrange to catch up your payments. If you cannot make some kind of arrangement, you risk your house being sold to pay the mortgage. The usual first step in a foreclosure is a ''demand letter'' from the lender or its lawyer, saying that you are ''in arrears'' (behind) in your payments and demanding that you bring them up to date.		{{Template:Legal Help Guide TOC}}When a bank or other institution lends you money to buy a home, they take a ''mortgage'' to secure payment. A mortgage is registered against the title of your home, and if you don’t make the required payments, the bank may be able to ''foreclose''. This <span class="noglossary">will</span> usually mean you have to pay them the entire amount owing on the mortgage, though sometimes you can arrange to catch up your payments. If you cannot make some kind of arrangement, you risk your house being sold to pay the mortgage. The usual first step in a foreclosure is a ''demand letter'' from the lender or its lawyer, saying that you are ''in <span class="noglossary">arrears</span>'' (behind) in your payments and demanding that you bring them up to date.

	== First steps ==		== First steps ==