residential deferment Law
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Foreclosures filed with the Public Trustee on or after August 1, 2009, may be eligible
for a 90-day deferment. The holder
or the attorney for the holder will make an initial determination of eligibility
for the program. If this determination
is made, the holder or the attorney for the holder will notify the Public Trustee
and will post a notice on the property.
The property owner then has 20 days to contact a HUD-approved housing counselor.
This information will be on the posted
notice. The HUD-approved housing counselor
will determine if the property qualifies for the program, and will notify the Public
Trustee if it does. If notified, the
Public Trustee will place the foreclosure into deferment for up to 90 days. The borrower must meet certain requirements
during this period, or the deferment will terminate early.
After the 90 day period expires, or upon notification of early termination
by the housing counselor, the Public Trustee will resume the foreclosure process.
The Public Trustee has no role in determining eligibility for deferment, qualification
for deferment, or the early termination of a deferment.
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