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Difference between revisions of "The Bank Is Threatening Foreclosure on My Home"
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The Bank Is Threatening Foreclosure on My Home (view source)
Revision as of 20:40, 18 January 2012
, 20:40, 18 January 2012no edit summary
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== First steps == | == First steps == | ||
# 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. | ||
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# 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. | ||
Supreme Court forms are also available online at the [http://www.courts.gov.bc.ca Courts of BC website]. Click on Supreme Court, then Practice and Procedures, then Act, Rules and Forms. For information on what should go into an affidavit, see the publication [http://www.clicklaw.bc.ca/resource/1037 | Supreme Court forms are also available online at the [http://www.courts.gov.bc.ca Courts of BC website]. Click on Supreme Court, then Practice and Procedures, then Act, Rules and 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]". | ||
== What happens next == | == What happens next == | ||
The court will set a date for a hearing of the petition. The judge will read the affidavits and other materials and listen to the lender’s lawyer and to you. Generally, if you are in default, the best you can hope for is enough time to arrange for other financing to pay out the lender or at least to come up with enough to catch up your payments. | The court will set a date for a hearing of the petition. The judge will read the affidavits and other materials and listen to the lender’s lawyer and to you. Generally, if you are in default, the best you can hope for is enough time to arrange for other financing to pay out the lender or at least to come up with enough to catch up your payments. You can also use that time to try to sell the house, up to the time the lender gets an order for them to have conduct of sale. | ||
== Where to get help == | == Where to get help == | ||
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*[[Credit Counselling Society of BC]]. | *[[Credit Counselling Society of BC]]. | ||
*[[PovNet]]. | *[[PovNet]]. | ||
*[[Access Pro Bono]], [[Lawyer Referral Service]], [[Salvation Army Pro Bono Lawyer Consultation Program]], [[Private Bar Lawyers]]. | *[[Access Pro Bono]], [[Lawyer Referral Service]], [[Salvation Army Pro Bono Lawyer Consultation Program]], and [[Private Bar Lawyers]]. | ||
* The Legal Services Society publication [http://www.clicklaw.bc.ca/resource/1037 | * 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 | * 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. | ||
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. | ||