If someone in a house going through foreclosure is permanently disabled, can the house still be foreclosed on?

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If someone in a house going through foreclosure is permanently disabled, can the house still be foreclosed on?

Mother passed in 08, willed home to me, still under mortgage, unable to pay since feb. 09 due to decreased hours at work, partner just had right leg amputated due to diabetes and deemed perm. disabled. What can we do to keep from losing home?

Asked on June 19, 2009 under Real Estate Law, South Carolina

Answers:

J.V., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you are having trouble making your payments specific circumstances such as a disability will not play a part in the lender deciding how to proceed. Although they may feel badly their business is about lending money and being repaid and they cannot make specific circumstances result in a change to that policy. However that being said you should call your mortgage company & ask if you can re-negotiate , to get a lower interest rated.

If your just at the point where money is tight because you had these issues with your partner again call your mortgage company & see if you can defer a payment & ask if you can do this with out any penalties.

The thing is the mortgage company or bank does not want your house , They are dealing with so many people going under that some will do almost anything to keep you in your home & keep the money coming in. If they take your house it will just go onto a list of other houses they have that they have foreclosed on or they will have to sell it out at a loss.

So keep making calls and trying to figure ot what will work for you at least long enough for you to get back on your feet. Good luck


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