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Foreclosure Process

The foreclosure process can be a scary and emotional process. There are terms being thrown around that you do not understand and paperwork being mailed to you constantly that is just as confusing. The two most important things that you can do right now is get yourself educated and keep the lines of communication open with your bank. Here are five important things that you need to know about the foreclosure process in order to understand how to avoid it.

1. Know when your bank will start the foreclosure process. The best way to find this out is simply to call them and find out what their policies are. When the process will start depends entirely on your bank. Some will start foreclosure proceedings after 90 days of no payments. Some will take longer. Talk to your bank to know when that process will start for sure.

It also depends in large part on your willingness to work with the bank. If they know that you are trying to work with them, they may not even start foreclosure at all. Some banks will work with you to help you figure out the best solution for your specific situation. If you keep them informed of what is going on with you, you have a much better chance of working something out with them.

2. Know how long the foreclosure process will take with your bank. It varies from bank to bank and again, the best way to find out this information is by calling your bank and talking to someone in the foreclosure department. And again, it depends largely on your bank on how quickly this process will move. Some banks will get it done as quickly as 6 months and some will take longer.

3. Know what alternatives you have to foreclosure. There are always ways to avoid foreclosure. What your alternatives are will depend on your situation. This includes things like whether or not the changes to your financial situation are temporary or permanent, if you want to stay in the house or not, how much money you owe on the house and many other factors. Talking to your bank and a foreclosure attorney will help you figure out what your options are and what the best solution is for your situation.

4. Know who you need to be talking with at your bank. This may change during the foreclosure process. If you start working with your bank before your home goes into foreclosure, then you will probably start by dealing with the workout department. If your home goes into foreclosure, your file may get transferred to a foreclosure department. Keep in contact with your bank and make sure that you have the correct contact at all times. Faxing paperwork to the wrong person or repeatedly calling the wrong person ends up wasting your time. And time is one thing that is never on your side during the foreclosure process.

5. Know what the legal paperwork you are getting means. During the foreclosure process, you will paperwork from the mortgage company’s lawyers. If you can, getting a foreclosure attorney so that you understand what the paperwork means is a good idea. If you cannot get a foreclosure attorney, do some research yourself to understand what the paperwork you are getting means. Understanding the paperwork is vital to understanding where exactly you are at in the foreclosure process.

The foreclosure process does not have to be scary and confusing. All you have to do is keep yourself informed and educated about the process. Make sure that you know what is happening every step of the way. For more help on understanding foreclosure, go to http://www.stopping-home-foreclosure.com/ForeclosureProcess.html

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The foreclosure process may be initiated when a given property owner defaults on his or her mortgage loan. It is initiated by the lender and can result in the seizure and sale of the property. There are different stages of the foreclosure process to consider. These stages present the borrower with opportunities to bring the loan back to a current standing and negate the foreclosure. The time periods for each stage may vary from state to state as well.

After a specified time period, normally 90 days, the lender files a Notice of Default at the Circuit Court in the county in which the property is located. This serves as an alert to the borrower that the foreclosure process is beginning. This should come as no surprise in the vast majority of cases. This is the time to request the advice of a professional foreclosure consultant. They can help you understand how to save your home from foreclosure. Learn more at Stop Foreclosure Help Today.

The Notice of Default also marks the beginning of a period in which reinstatement is possible. This reinstatement period lasts as long as up to one day before the actual sale of the property. With foreclosure rates at record high levels country-wide, both the lenders and state governments are attempting to give borrowers every opportunity to bring their loans current. Since October, 2007, there has been a 71% increase in the amount of foreclosures filed. There were 81,312 foreclosures filed nationwide in September of this year alone.

If the loan is not brought current during this reinstatement period, a sale or auction date is then established. The borrower is presented with a Notice of Sale, normally via both first-class and certified mail. The Notice of Sale is also to be posted at the property in question. It is normally taped boldly to the front door. The lender is also required to run an ad in the local newspaper notifying the public of the sale for three weeks in advance of the sale date. State dependent, borrowers are still able to intervene in the foreclosure process. Most states allow the borrower to bring the loan current until the day before the sale or auction.

If the loan is still not brought current and the sale is held, the opening bid is normally set at the amount of the balance of the defaulted loan plus interest accrued and any other fees associated with the sale. Of course, having a skilled foreclosure consultant in your corner goes a long way towards saving your home from foreclosure. They can deal with lenders, court systems and all other involved parties on your behalf and find ways for you to be able to stay in the home that you have worked so hard to acquire. Remember that the initiation of the foreclosure process doesn’t necessarily mark the end of your home ownership.

Igor Mosyak holds the MBA and BS in International Business and Marketing from University of Maryland at College Park. Igor has an extensive knowledge in marketing and advertising from his previous experience and current career in the world of International and Domestic Real Estate activities. Igor Mosyak is the owner and operator of www.StopForeclosureHelpToday.com an organization dedicated to helping homeowners facing foreclosure. We provide a wealth of information on the whole foreclosure process and provide visitors of our website with FREE e-Book on “Stopping Foreclosure-Understanding Your Options”.

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A professional foreclosure consultant is one who represents you in any or all of the following ways:

Stopping or at least postponing your foreclosure sale;

Exercising your rights for reinstatement (if applicable in your state);

Obtaining a reinstatement extension from your lender;

Obtaining a waiver of any clause in your deed of trust or mortgage that accelerates the seizure and/or sale of your home;

Obtaining a loan for you to bring the mortgage loan current;

Assist you in ameliorating any impairment or damage to your credit rating;

Completely stop the foreclosure process.

When you stand to lose your home to foreclosure, the time starts to fly by you like a jet. It seems that you just can’t catch up and you need assistance. Many times, the pending feelings of doom associated with a scheduled foreclosure keep the homeowner so upset that they cannot seem to function optimally. A professional, seasoned foreclosure consultant can step in and return the situation to normal for you – or at least make sure that you are represented as best you can be and make sure that whatever transpires is the best for you that is possible.

With the extreme number of foreclosures happening in the country today, laws are being revised to try and accommodate borrowers so that they are able to bring their loans current and rectify the foreclosure situations. Your lender’s loss mitigation department has representatives that deal with these issues on a daily basis – and they are in place to assure the least possible loss for the lending organization. They are not necessarily there to help you. If they feel that the lending company will lose less by foreclosing than to work with you, then foreclosure it will be. That is, unless you obtain expert representation to take charge of the situation and help you to become able to save your home by avoiding foreclosure.

If you are in danger of being foreclosed against, especially if you have already received a Notice of Default and/or a Notice of Sale, then please visit us at Stop Foreclosure Help Today and learn more about how a professional foreclosure consulting expert can be greatly beneficial to you and your family. We understand how difficult times are and we know just how much your home means to you.

Igor Mosyak holds the MBA and BS in International Business and Marketing from University of Maryland at College Park. Igor has an extensive knowledge in marketing and advertising from his previous experience and current career in the world of International and Domestic Real Estate activities. Igor Mosyak is the owner and operator of www.StopForeclosureHelpToday.com an organization dedicated to helping homeowners facing foreclosure. We provide a wealth of information on the whole foreclosure process and provide visitors of our website with FREE e-Book on “Stopping Foreclosure-Understanding Your Options”.

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Quick Facts About the Foreclosure Process

by admin on August 23, 2009

There are more reasons to understand the foreclosure process in the US than ever before. In September, 2008 alone there were 81,312 homes that were lost to foreclosure. The 3rd quarter of 2008 showed a 71% spike in foreclosure rates as compared to last year at this time. These are record-high numbers and it should be obvious that lenders do not want this trend to continue. Still, the fact remains that over 851,000 homes have been repossessed since August of 2007. The housing crisis in America is smothering homeowners – along with the rising costs associated with fuel. People are being financially crippled and hundreds of thousands are falling under every day.

In September, 2008 there were over 265 thousand borrowers that received notifications of foreclosures. Although that number is down 12 percent from August, it is still a 21 percent increase from one year ago. Many times in the past have shown foreclosures to be a result of a weakened economy. This current cycle of foreclosures has in fact caused an economic downturn.

As a result, many states have relaxed their housing laws to slow the rate of new foreclosure filings. This accounts largely for the 12% decrease from August to September. Lenders are now being required to give significantly more lenient notices before initiating the foreclosure process against borrowers. Other law changes are being made as well in favor of the borrowers, but financial analysts fear that even these new relaxed laws are simply putting off what will soon happen anyway.

The effect seems to be that when borrowers receive a longer-term notice before the foreclosure process is initiated, they simply seem to get further buried in their debt. With each passing month, mortgage payments, late fees and costs associated with the foreclosure process continue to mount, and the borrowers are simply overwhelmed. They cannot catch up and so after the notification period extinguishes, foreclosure rates spike again.

The Federal Housing Authority initiated the “Hope for Homeowners” rescue bill on October 1, 2008. It was designed to re-instill investor confidence and absorb some of the poisonous debt that has accumulated. The US Treasury is also buying up troubled loans in an attempt to re-stabilize the various lending entities. As a result, it is projected that by the end of 2008, between 25% and 33% of all homes will be owned by banks and backed by the Federal Housing Authority.

The new laws in many states concerning the foreclosure process give temporary reprieve to tens of thousands of borrowers. It is highly advisable to take advantage of this leniency if you are one of those who are threatened with foreclosure. Consult with a qualified foreclosure consultant and explore the options that exist for saving your home. Many times, a professional foreclosure consultant can show you ways to have the foreclosure process negated and allow you and your family to stay in your home. To learn more about the foreclosure process and your rights regarding it, please visit Stop Foreclosure Help Today. We can help you to keep the home that you have worked so hard for.

Igor Mosyak holds the MBA and BS in International Business and Marketing from University of Maryland at College Park. Igor has an extensive knowledge in marketing and advertising from his previous experience and current career in the world of International and Domestic Real Estate activities. Igor Mosyak is the owner and operator of www.StopForeclosureHelpToday.com an organization dedicated to helping homeowners facing foreclosure. We provide a wealth of information on the whole foreclosure process and provide visitors of our website with FREE e-Book on “Stopping Foreclosure-Understanding Your Options”.

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Defining the loss mitigation process:

For all practical purposes, loss mitigation can best be viewed as a powerful weapon that can stop your pending home foreclosure dead in its tracks. The loss mitigation process itself is without bounds, but always involves effective communication to be successful. If you are too stressed out about the possibility of foreclosure to represent yourself effectively throughout the loss mitigation process, then you need to employ a professional foreclosure consultant. They, like the loss mitigation teams employed by your mortgage lender, are experts that deal with these issues on a daily basis.

The loss mitigation process involves a set of tools that you as the homeowner are privy to. You can utilize these tools to achieve victory from a seemingly bleak situation. Negotiating with your lender, or having a professional foreclosure consultant to do it for you, is your ticket to retaining ownership of your home. Before we go further, please realize that millions of Americans are at risk of foreclosure even as you read this. Lenders appreciate a motivated homeowner who cares enough to communicate regularly with them and that tries to initiate positive plans of action to bring their loan current. Nobody wants you to lose your home to foreclosure.

The loss mitigation process can do more than just stop the foreclosure process; it can protect the equity that you have built up over the years in your home. With proper loss mitigation techniques employed, your lender will be more than happy to work with you and develop a plan for mutual satisfaction and appeasement. Loss mitigation involves a set of utilities that can stop a foreclosure. They include:

-Partial claims;

-An “In-Lieu” Deed of foreclosure;

-Forbearance agreements;

-Mortgage refinancing;

-Modification of your loan;

- And more…

The ultimate goal for all loss mitigation is to stop the foreclosure process and to establish a mutually beneficial plan for repayment of the mortgage loan including payment amounts and dates. However, nothing is set in stone and unless you are able to convince your lender’s loss mitigation specialists that you are a worthy gamble, they will still elect to go ahead with the foreclosure. Remember: their job is to minimize the losses that will be incurred by the lending institution – not to keep you in your home. If you are unable to thoroughly convince them that your plan is better for them than a foreclosure will be, then they will certainly foreclose. It’s just business in its raw form.

Stopping foreclosure is all about two things: loss mitigation and time. Once the foreclosure process begins, it seems that time cannot be slowed even for a second. The pressures continue to build and it can make you feel helpless – like there’s just no hope. But, there is! Consider having a professional foreclosure consultant assist you with your loss mitigation process every step of the way. It will save you time, money, frustration, worry, embarrassment and mistakes. It will also very likely keep you and your family in your home where you should be. Contact us at Stop Foreclosure Help Today and let’s discuss your possibilities.

 

Igor Mosyak holds the MBA and BS in International Business and Marketing from University of Maryland at College Park. Igor has an extensive knowledge in marketing and advertising from his previous experience and current career in the world of International and Domestic Real Estate activities. Igor Mosyak is founder of www.StopForeclosureHelpToday.com an organization dedicated to helping homeowners facing foreclosure. We offer a wealth of information on the whole foreclosure process and provide visitors of our website with FREE e-Book on “Stopping Foreclosure-Understanding Your Options”.

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Buying Pre Foreclosure Homes

by admin on July 19, 2009

When a borrower fails to make his payments for several months in a row, the bank starts the foreclosure process. The phase of the foreclosure lasts for a few months and the borrower needs to come up with a way to pay off his debts and avoid foreclosure. Many investors would like to buy a foreclosure home because of the low price, but another option of making profit from foreclosures is to buy a pre foreclosure home. Instead of losing the house to the bank, the owner may decide to sell it. But in most cases, pre foreclosure homes are sold at a very low price and this is where investors appear. It might be hard for the owner to sell his house at a low price, but this option if often preferred instead of foreclosure.

There are many advantages for buying a pre foreclosure home. At this stage, the owner is about to lose the ownership of the house and the back will soon take possession of the property and sell it at a low price. The owner can repay his loan until the day when the house is being foreclosed and the bank tries to offer him many possibilities to avoid foreclosure. As a last resort, most people try to sell their home to any buyer just to avoid foreclosure. If you know where to look for a pre foreclosure home, the owner will surely pay attention to your offer, no matter how low it is. In some cases, the owner is willing to drop the normal price to 50%. The advantage of buying a pre foreclosure home over a foreclosure home is that you have no competition. When the bank sells a foreclosure home, many bitters will attend the public auction and the prices may rise. But if you are the soul buyer, you can deal straight with the owner and you can get a good price. If the owner fails to sell the house, he will lose everything, but if you buy it from him, he will still end up with something. Everybody wins from this situation and buyers shouldn’t feel guilty for buying a pre foreclosure home – they are actually helping the owner. Further more, the owner is not obligated to accept your offer so you shouldn’t have any moral constrains about how much you want to give him for the house.

If you want to buy a pre foreclosure home you need to check out one of the 3 sources: the newspaper, online lists or lenders. Each option has its advantages and you can find a great pre foreclosure home with any one of them. If you are looking for a new home you should start with pre foreclosure homes because they have the lowers prices, the highest quality and you have no competition. If you by foreclosure homes from a bank, they might be in a poor condition. After the initial owner loses his home, there is no one responsible with the maintenance so you might have to clean it up after you buy it. But if you buy a pre foreclosure house, you just have to move in. It can be your dream house or your next investment.

Pre foreclosures can be profitable. Anyone can start searching for this type of real estate and make a profit. The only difference between pre foreclosure houses and normal houses is the price and pre foreclosures are a huge investment opportunity for real estate business men.

Find more foreclosure information at NewForeclosureOnline

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A foreclosure is a legal proceeding taken by a bank or mortgage lender against a homeowner who has defaulted on their mortgage loan.  There are several steps in the foreclosure process; pre-foreclosure, auction, and bank owned.  It is possible to buy homes during each of these foreclosure steps if you know where to find them and who to contact. 

Pre-foreclosure (NOD, LIS)

A pre-foreclosure is just what it sounds, the time period between when the bank decides to foreclose on a property and when the actual foreclosure takes place.  When the bank decides to foreclose on a home, it is required to notify the homeowner of their intent.  The notification that is sent is called a Notice of Default (NOD) or a LIS Pendens.  The NOD or LIS also has to be filed with the County Recorder’s Office.  The bank is not allowed to release this information to investors, however, but investors are more than welcome to search the records at the Recorder’s Office and find out who is in pre-foreclosure.  Investors will then contact the homeowner and try to strike a deal with them to purchase their property before it is actually foreclosed on.  These deals are typically attractive to a homeowner because they want to avoid having a foreclosure on their credit. 

Auction (NTS, NFS)

Once the foreclosure proceedings have begun, a Notice of Foreclosure Sale (NFS) and/or a Notice of Trustee’s Sale (NTS) will be filed.  These filings will announce a foreclosed home that will be sold at auction.  A property auction is an event in which the public can place bids on a home that has been foreclosed on, or otherwise removed from the former homeowners.  The winning bidder is then obligated to purchase the home and becomes the new owner.  Finding foreclosure homes online is a great way to buy a house for significantly less than its value. 

Bank Owned (REO)

A bank owned, or Real Estate Owned (REO) property is one that has already gone through the foreclosure process and is now wholly owned by the lender.  Lenders will then decide to either sell the property at auction or sell it outright, often for just the amount that is owed on the home.  There have been instances where a buyer can pick up an REO house for just a few thousand dollars.  The bank just wants the money that they lost in the last deal and be done with it.  They have no interest in keeping property; that is not their business.

Buying homes in foreclosure, or after foreclosure, can save you tons of money.  The average savings on a foreclosure home that is purchased is about 30% lower than the market value of the home.  Putting that into perspective, you can expect to buy a $200,000 foreclosure home for only $140,000.  That’s average, many people save much more than that on foreclosures.  You can search all kinds of foreclosure homes in your area online.  Maybe you will be able to pick up a nice foreclosure property for investment or to move into.

For more Information on this topic visit www.buildwish.com a free Online Home & Garden Renovation & Design Directory in 100 Cities in North America. Featuring millions of Real Estate Classifieds, Helpful Articles, Contests, Virtual home tools, Qualified Trades, Forums, a moving center, free quotes for Insurance, Moving, Mortgages, Contractors, Find Foreclosures and Much More!

 

 


 

A Real Estate Agent & Interior Designer for 20 years. Writing articles about Real Estate & Home improvement.

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Foreclosure Process in Maryland

by admin on June 26, 2009

Receiving notice that your house is about to be foreclosed upon is one of the most traumatic things you can go through. However, when you sign your mortgage or deed of trust at the real estate closing and it is recorded in your County’s Land Records office, you give your lender the right to foreclose on the property if you default on the loan or fail to repay the loan according to the terms of the loan.  A new foreclosure law went into effect in Maryland on April 4, 2008 and any foreclosure action filed after that date must comply with the new law.  The foreclosure process and your rights in that process under the new law are outlined below.

What Will Happen if my Property is Going Into Foreclosure?

Before the foreclosure is filed
Before a foreclosure action is filed, you as the borrower and property owner should have received notice from the lender that there is a problem with your loan account and from the lender’s attorney that there is a default under the terms of the loan. Many mortgages require the lender to give notice of the default and of your right to remedy the default before filing foreclosure. Do not ignore or delay in responding to any written communication from your mortgage lender. The sooner you contact your lender, the greater the chance you can work out a solution to your situation.

In Maryland, before the lender can file a foreclosure case against your property, the lender must:

-Wait 90 days from the date that your loan is in default; and -Send you a Notice of Intent to Foreclose 45 days before the foreclosure case is filed.

-The Notice of Intent to Foreclose will provide you with important information about why your loan is in default, the amount you owe to bring your loan current, the last payment received, contact information for the lender or secured party, for the mortgage servicer that collects your mortgage payments and for the department that can help you work out your default (the loss mitigation department).

Filing the foreclosure case
To begin a foreclosure case, the lender must file the foreclosure with the Circuit Court in the county in which the property is located.  The lender must file the following documents with the court:

-Statement of debt, under oath, which itemizes the entire amount the lender claims is due under the loan. This will usually include principal, interest, late charges, attorneys’ fees and all other charges that the borrower is responsible for under the mortgage;

-Certification that the property owner is not a member of the military service. Under a federal law, commonly known as the Soldiers’ and Sailors’ Civil Relief Act, members of the military service have specific rights when lawsuits are brought against them (including foreclosure proceedings) since they may not be in the U.S. due to a military assignment and unable to adequately defend their interests;

If you are a member of the military service and find a property owned by you is the subject of a foreclosure action, you should ask an attorney what additional rights you may have as a result of this federal statute.

-Statement, under oath, that indicates the date of default, the nature of the default and the date the Notice of Intent to Foreclose was sent;

-A copy of the Notice of Intent to Foreclose;

-Original or certified copy of the mortgage or deed of trust;

-Copy of the debt instrument and an affidavit of ownership;

-Original or certified copy of the assignment of the mortgage if applicable;

-The mortgage lender and originator’s license number if applicable; and

-A uniform Notice regarding the filing of the foreclosure action

Serving the Property Owner
The lender must personally serve you with all the papers filed when the case was docketed with the court.  If the lender is unable to serve you after two good faith attempts on two separate days, the lender may file an affidavit with the court describing the attempts made to serve you and the lender may then serve you by sending you a copy of the court papers, by both certified and first class mail AND by posting the court papers on the property.

Before a Foreclosure Sale can be held
Before a foreclosure sale can be held, the lender must:

-Wait 45 days from the time the defendant was served.

-Publish a Notice of Sale for three successive weeks in a newspaper of general circulation in the county where the action is pending. The first advertisement should be published not less than 15 days prior to the date of sale and the last advertisement should be published not more than 7 days prior to the date of sale.

-Send a notice of the date of sale to the homeowner by certified and first class mail of the time, place, and terms of the pending foreclosure sale. This notice must be sent no later than 10 days prior to the scheduled sale date. Failure to receive the notice or to sign for it will not stop the foreclosure.

-Accept from the homeowner payment of the funds due to cure the default up to one business day before the sale.  Payment of this amount which includes missed payments, late fees and costs will stop the foreclosure sale if it is made one business day before the sale.

-Note: The secured party or the agent must provide, upon request, the amount necessary to cure the default and reinstate the loan and instructions for delivering the payment

IS IT TOO LATE TO PREVENT THE SALE OF MY PROPERTY?
When you are facing foreclosure, it does not mean that all hope of saving your property is lost.  If you have not spoken with your lender, contact your lender immediately and ask for the loss mitigation department of your lender to determine if your default can be cured under a plan.

Before the sale occurs, you have the right to go before the court to prove that you did not default on your loan and stop the sale. You may also go before the court to ask that the sale be stopped if you can prove that the lender committed fraud in obtaining the mortgage or they have violated certain laws when your mortgage was made.  You may also have rights and defenses if the lender fails to follow the requirements of the foreclosure law.  You should consult an attorney for advice and assistance if you believe you have a defense to the foreclosure.

If your lender is unwilling to work with you, filing a Chapter 7 or 13 petition in bankruptcy may be beneficial. A bankruptcy filing before the sale will stay or stop the sale.  Filing bankruptcy after the hammer comes down at the auction will lose the house unless the sale was improperly conducted and you timely object to ratification. Generally, a Chapter 7 filing will provide you with a three-month opportunity to cure your default and, if you can afford your mortgage and a plan payment, a Chapter 13 filing will give you up to five years to bring your mortgage current and pay other debts once the plan is confirmed. Filing a bankruptcy petition is complex; credit counseling is required and most attorneys need three or four days to do so. 

If someone approaches you to help stop your foreclosure, have any documents given to you reviewed carefully before you sign them or before you give any money to anyone.  If you need help, contact the State’s HOPE hotline at 877-462-7555 to get help from its foreclosure prevention assistance network and nonprofit housing counselors throughout the state.

SALE OF THE PROPERTY
If a sale does take place, the property will be sold through a public auction open to anyone who desires to make a bid. Public auctions are usually held on the property or at the courthouse in the county where the property is located.  The trustee must make a report regarding the sale to the court including an accounting of the sale.  After the sale has taken place, but before the court has ratified the sale, you may file objections if the sale was improperly conducted.  Only after the court ratifies the sale can the new owner petition the court to have you evicted from the property if you are still living there. 

Igor Mosyak holds the MBA and BS in International Business and Marketing from University of Maryland at College Park. Igor has an extensive knowledge in marketing and advertising from his previous experience and current career in the world of International and Domestic Real Estate activities. Igor Mosyak is founder of www.StopForeclosureHelpToday.com an organization dedicated to helping homeowners facing foreclosure. We offer a wealth of information on the whole foreclosure process and provide visitors of our website with FREE e-Book on “Stopping Foreclosure-Understanding Your Options”.

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