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Foreclosure & Tax Deed Auctions / Answered
Hurricane Milton & Hurricane Helene Foreclosure forbearance?

I know the banks allow up to 12 months of forbearance on people's mortgages, does this reset properties already in foreclosure process like the ones that have sale dates or just LPs?

  
  
Posted 2 months ago
Votes Newest

Answers


Hi, Frank:

Well, forebearances are just a voluntary courtesy some lenders may or may not offer. Even during the real estate crisis, the government was VERY reluctant to step in and tell banks what they must do to help borrowers. So, it's not like there are black and white rules you can count on in this situation. Whatever the bank is willing to do is pretty much what you're going to get.

That said, I can tell you what I have seen during my 16 years of practice. Typically, if there is an ongoing action, you may see the bank (i) just stand down and not move the case forward during the forebearance, or possibly, (ii) file a motion to "stay" or "abate" the case. In other words, they aren't going to advance the case during a period of loss mitigation. But . . .

They also aren't going to dismiss the case entirely and have to refile a new action later after the forebearance period.

That is what I have seen.

Good luck!

~ Jeff

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1 Answer
2 months ago
2 months ago
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