| Foreclosure
and You
What Can You Do
What are the Steps to Prevent Foreclosure?
Who can I call for help?
Foreclosure Sequence

P.O. Box 535
Colorado Springs,
Colorado 80901
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Don't Delay. Time
is of the essence. Don't wait until you are several payments past
due before seeking help. Statistics show that those who seek help before
they are 90 days past due on a mortgage payment have a 75 percent chance
of saving their home.
FORECLOSURE
AND YOU
The foreclosure process takes a minimum of four months
from the time that the lender decides to start foreclosure. Keep
in mind that you still own the property until the foreclosure process is
completed. Therefore, it is in your best interest to check into
the options available to you to prevent the foreclosure, as well as
options available during the foreclosure.
WHAT
YOU CAN DO
Lenders are in the business of making loans, not
owning real estate; therefore, they do not want to foreclose unless
necessary. It is extremely important to act as soon as you
experience financial difficulties.
 | Contact your mortgage company immediately. Be
honest and explain your financial situation. Be sincere and
request that they help you with a suitable work-out arrangement until you can resume normal monthly payments.
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 | Always keep accurate records of the date, time,
individual, and a summary of all conversations that you have with
your lender. Include your account number on all letters sent
to your mortgage company, and keep copies of such letters.
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 | Before approaching your lender, prepare a payment
plan that is reasonable and will work for you, and present the plan
to the lender. Do not agree to any payment plan that you will
not be able to handle. Whatever plan is agreed upon, make sure
that the payments are made according to the plan.
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 | Don't ignore mail from your lender. Read and
than reply as soon as possible to all correspondence concerning your
loan.
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 | If the individual with whom you are dealing with at the
mortgage company is uncooperative, ask to speak to the
supervisor. In addition, explore some alternatives with a
knowledgeable person, such as a representative from one of the organizations
listed in this web page. Ask that the person to represent your
situation to your lender on your behalf.
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 | Contact a financial counselor to help you analyze
your financial situation.
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 | Contact an attorney who specializes in real estate
law to check out your legal rights. |

FORECLOSURE
SEQUENCE
- If you are behind on your mortgage payments, and
consequently in default on your loan, it is possible that the lender
may begin foreclosure proceedings at any time.
- The lender or their attorney will file a
foreclosure notice, called a "Notice of Election and
Demand", with the county public trustee.
- You will receive a notice from the public trustee
which will advise you of the foreclosure, disclose the sale date,
and explain to you your "Right to Cure the Default".
Your right to cure the default allows you to stop the foreclosure by
paying the amount what you are behind plus any attorney fees and
foreclosure costs. You must file a "Notice of Intent
to Cure" with the public trustee at least seven days before
the sale date, and pay the amount due no later than noon on the day
before the sale.
- The foreclosure sale is held 45 to 60 days from the
time that the trustee receives the foreclosure notice.
Once the sale is completed, you no longer have the right to cure the
default; however, you may still have time to "redeem" your
property.
- You may still have 75 days after the foreclosure
sale (six months, if agricultural property) to exercise your
redemption rights, which allow you to pay off the amount bid at sale
plus certain allowable costs (may be your fully accelerated loan
amount). By exercising these rights, you may save your home
and equity from the foreclosure process. (Note: HUD loans may
restrict your redemption rights.)
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