Full question:
I live in a cooperative housing project. Occupants are responsible for paying the water. I never received a water bill. The landlord was aware of the outstanding water charges, based on a monthly accounting ledger, yet never provided me with a bill, nor did the water company. To avoid eviction I entered into a contract to pay 200.00 a month. I was released from confinement in 2007, and have been unable to find work. A housing inspector found that the home is in serious violation of state housing code. A judgement was entered against me for repossession due to failure to pay outstanding carrying charges. Can I obtain forbearance to avoid eviction?
- Category: Real Property
- Subcategory: Foreclosure
- Date:
- State: Maryland
Answer:
Forbearance is when a lender agrees to let you delay your payments to them for a short period of time. That doesn't mean the lender has forgiven the debt but just allows you to pay what you owe at a later date. A forbearance mortgage is when your lender agrees to let you delay your monthly mortgage payments for a short period of time. A forbearance mortgage is often combined with other programs that bring your monthly mortgage payments current after a negotiated period of time.
If the lender believes the repayment terms can be restructured to its satisfaction, then the forbearance agreement is an effective compromise. Forbearance is usually for temporary financial problems. If the borrower has more serious problems, for example if it is a variable-rate mortgage and the interest rate becomes unaffordable for the borrower, then forbearance is usually not a solution.
Once any petition for bankruptcy is filed, the bankruptcy laws provide for an automatic stay which is an injunction against the continuance of any action by any creditor against the debtor or the debtor's property. This means that creditors are no longer entitled to file liens on property for debts that existed at the beginning of the bankruptcy case. The only exception may be for on-going child or family support ordered by a court. The automatic stay prohibits the beginning or continuing of law suits, any collection calls, repossessions, foreclosure sales, and garnishment or levies.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.