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Marion County Sheriff Sale: Understanding and Stopping the Sale

A Marion County sheriff sale can be a cause of great alarm.  If you do not want to lose your house in a sheriff sale, then you need to know some important information about how sheriff sales work.  We will discuss how Marion County Indiana sheriff sales work and how they can be stopped.

Marion County Sheriff Sale

Understanding the Process of Sheriff Sales

In Marion County, Indiana, sheriff sales are conducted every month at the City-County building.   If your home goes through this sheriff sale, you will lose all rights to your property.  Essentially, you will no longer be the owner of the property: the bank or the new buyer will be the owner.  You could be ejected immediately from the property if you remain there after the sheriff sale.  Or, in some cases, the new owner may be forced to go through an eviction process to remove you from the property.  Therefore, it is very important to have a plan to prevent a sheriff sale from occurring if you want to retain your property.

These Indiana Marion County sheriff sales usually only are scheduled after a mortgage foreclosure judgment is obtained.   (Marion County sheriff sales could be scheduled outside a mortgage foreclosure situation but it is rare). You should receive notice of both the original foreclosure action and then the eventual scheduling of the sheriff sale.  Your notice of sheriff sale will likely come in folded thick paper that outlines the time and date that the sale will occur.  You will usually have approximately 45 days notice.

If you did not receive notice but suspect that your home is scheduled for sheriff sale, you can obtain a list of scheduled Marion County sheriff sales.  You can obtain this list through calling the Civil Office Real Estate Office by calling (317) 327-2450.  You can also obtain this list in person during weekly business hours by going to the City County building on Washington Street and going to room 1122 on the 11th floor.  This list can also be obtained by a small fee through the following site: http://www.indy.gov/egov/county/MCSD/services/realestate/pages/forms.aspx

Keep in mind that you should have already received notice of both the original mortgage foreclosure and the sheriff sale.  If you have the Marion County Civil court case number, you can also look up the information by going the Marion County Clerk’s Office or by using the My Case search system that is available at the following link: http://mycase.in.gov  Remember, that Indiana’s state court system is transitioning into an online search system.  Therefore, some information on certain cases may not be available.

Stopping the Sheriff Sale

Stopping a Marion County sheriff sale takes a very powerful operation of law.   Essentially, there are two mainstream ways of stopping a sheriff sale: 1) Convincing your mortgage lender to cancel the sale and 2) filing for bankruptcy.  Let’s discuss these two options.

Stopping the Sale by Convincing the Mortgage Lender

First, a very uncertain but potentially valuable way for cancelling a sheriff sale is to convince the  mortgage company to cancel it. If you can work out a loan modification or forbearance agreement, you may be able to convince the mortgage company to cancel the sale.  You could also seek a remedy at the state court level to cancel the sale, but this option is very limited and not likely to succeed.   This attempt to cancel a sheriff sale outside of bankruptcy is very limited and unpredictable.  Although it can be attempted if you desire to save your home, two things must be stressed.  First, if you are already at the sheriff sale stage, it may be too late.  You should have probably finished working something out with the mortgage company months ago before the sale date was set.   Second, you should probably have a bankruptcy back up plan if this first option does not work.

Stopping the Sale through Bankruptcy

Bankruptcy – whether Chapter 7 or Chapter 13 – is the most cost effective and powerful way usually of canceling a sheriff sale.  Bankruptcy also can help you take care of other burdensome debts.   At the moment a bankruptcy case is filed, all collection activity immediately is stopped.  This includes any scheduled sheriff sale.

In Chapter 7, the Marion County sheriff sale will be cancelled only temporarily.  You will usually have 3-5 more months (or more) to work something out with the lender such as a loan modification.   At the close of the Chapter 7 bankruptcy, all of your debt will be forgiven (except for a few exceptions).  Remember, however, that Chapter 7 has no mechanism for bringing the house up-to-date with the mortgage company.  After your Chapter 7, you would not have a built-in plan to get into good standings again with your mortgage company.  If you do nothing, eventually another sheriff sale will be set for your property.

In Chapter 13, the Indiana Marion County sheriff sale will be cancelled permanently if you desire.  This is because the Chapter 13 has a built-in mechanism for bringing you back into good standing with the mortgage company.  You can pay your normal mortgage payment and any arrears (portion you are behind on) through the Chapter 13 plan.  You will not have to bring your house back up to date in one lump sum.  Instead, through monthly payments, you pay your normal mortgage payment, your arrears, and any other debts trough the Chapter 13 plan.   If you enter Chapter 13, your sheriff sale will be permanently cancelled if you choose to reorganize the house situation through the plan.

Conclusion: Marion County Sheriff Sales Need Immediate Attention

If you are scheduled for a Marion County Sheriff sale, it is important that you seek a bankruptcy attorney immediately.  If you desire to keep the property, it is vitally important that you arrange your bankruptcy case to be filed BEFORE the sheriff sale occurs.  If you have receive a Marion County (or any other Indiana County) sheriff sale notice, contact our office immediately for a free consultation.

Best Indianapolis Bankruptcy Attorney Suggestions For Staying Out of Debt

As an Indianapolis bankruptcy attorney, I have witnessed multitiudes of people getting deeply into debt.   My best suggestions for staying out of debt are very simple and easy to follow.  Being an Indiana Bankruptcy Attorney for several years, I have seen debt close up and personal.  Although it may take a major overhaul in your approach to life, this list of my best suggestions for staying out of debt can change your life forever.

1.  Get Your Monthly Expenses as Close to Zero as Possible

Keeping your expenses as close to zero as possible is one of my best suggestions.   You need to make amazing, almost-impossible sounding goals in keeping your expenses low.  Do not think, “How can I get a home for $800 per month?”  Think more like, “How can I found I place for free or $100 per month?”  Remember, some people are PAID to live where they live such as situations where someone receives housing for their job or lives in a duplex.

You need to forget everything you are accustomed to doing and rethink life.   If you can get your expenses as close to zero as possible, you will be very unlikely to get back into debt.   If your expenses are very low or zero, then you can save or invest  every bit of money that comes into the household.

2.  Cut Mortgages and Car Loans Out of Your Life

Another of my best suggestions for staying out of debt is to avoid mortgages and car loans at all costs.   Serving as an Indiana bankruptcy lawyer for many years, I have personally witnessed mortgages and car loans ruin peoples lives countless times.   Responsible, minimal use of mortgages and car can sometimes be advantageous, but are they ever truly necessary?  Plans for obtaining paid-in-full homes and cars (or affordable rent) – these are the better way to go.  We RARELY see cases where mortgages and car loans are used responsibly and correctly.

Being a follower of Jesus, I use every opportunity to point out truths from the Bible.  About mortgages and car loans, the Bible has a very applicable verse in Proverbs 22:7: “The rich rule over the poor, and the borrower is servant to the lender.”  If you use mortgages and car loans to support your life style, you very likely put yourself into the category of being willfully “ruled over” by the rich.   You are being used by them.   They are taking all of your money every month.  You are paying 2-3 times (or more) than the value.  Cut mortgages and car loans out of your plans for life!

Image quoting proverbs to illustrate Indianapolis Bankruptcy Attorney John Bymaster's suggestions to avoid debt

3.  Ignore What Everyone Else is Doing and Apply the Truth

This is most likely my best suggestions as an Indianapolis bankruptcy attorney for staying out of debt.  You simply need to IGNORE what everyone else is doing and seek out the truth about finances.   Money is cold, hard, and indifferent.  It works on simple, basic truths: it’s simply mathematical!   You can learn the best ways of using money directly from people who are successful.  You will find quickly that these successful people usually do the exact OPPOSITE of what everyone else is doing.

Most people will work 40-50 hours per week for the majority of their adult life.  However, most people never take the time each week to spend only 1 hour in study and reflection on what they should do with their money.   You need to learn the truth about finances and then apply the truth if you want to stay out of debt.  Setting aside a couple hours each week for this purpose (along with a commitment to change) will drastically change your life.

Conclusion: Apply My Best Suggestions and Seek Out More

Reading through an article like this can be very thought-provoking.   So many times, however, we receive wonderful suggestions for staying out of debt only to continue exactly in our old ways.  If you want a truly changed life, follow these best suggestions that I have developed over the years for staying out of debt.  In addition, the books line the shelves: the greatest financial minds in history have left all their best suggestions also in countless books ready for you to consume and apply in your life.

 

Indianapolis Bankruptcy Attorney for the People

 

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Every attorney builds their practice to have a specific focus.   It is certainly uncommon to find an law office that practices in every area these days.  With laws becoming more complicated, specialty is the key.  What was John Bymaster’s focus?  It was to become the Indianpolis Bankruptcy Attorney for the people.   We want to provide a unique positive experience for all Indiana people that we help get out of debt.

We Care About the People We Serve: Our goal is to Offer an Overall Better Experience

Our office cares about providing a positive experience.  We know that bankruptcy can be one of the most stressful experiences one can encounter during their lifetime.   Offering a better overall experience is our goal.   To truly be an Indianapolis bankruptcy attorney for the people, we know that the experience counts.   If it is positive and memorable, we have met our goal.

First, an overall better experience (we feel) is achieved from our ranch-resort office setting that is located on the Northwest side of Indianapolis.  Our setting is relaxing and quiet: it is truly the perfect place for easing clients fears right from the start!   We wanted a debt-relief ranch setting that could focus on being a peaceful haven for dealing with stressful times.

Second, we have always focused on being friendly and interactive with our clients.  The cold, professional persona that has been attached to some areas of law -this simply does not work with bankruptcy and debt relief.  We know that the people we help need warm, caring interaction: we do our best to offer this.

We Strive to Be an Indianapolis Bankruptcy Attorney for the People by Lower Attorney Fees and Costs

To be a true servant of the people, we knew that it was important for Bymaster Bankruptcy to stay on the lower end of the spectrum on our fees.   We understood that a business model that charged on the higher end of the spectrum was fully incompatible with our goals.  We ALWAYS do our best to get our clients cases filed with payment plans or other arrangements.    Our office knows how tight money can be when you face debt problems: we try to always make a solution that will work to get our people out of debt.

Our Background Story: Be Different

We have not always followed motives of based soley profit.  Instead, Bymaster Bankruptcy has always strived to meet people’s needs as they came to our office.  We understood back in 2008 that an economic crisis at hand.  A new type of bankruptcy office could powerfully impact the people of central Indiana.   We have had no regrets from differing from the norm.  From locating our office in a rural setting to always trying to go the extra mile – we strove to be different. We knew that there was one thing that must always stay in our foremost focus: the people we serve.

 

The Dangers of “Cheap” Bankruptcy – Indianapolis

 

What to Know about “Cheap” Bankruptcy in Indianapolis

Let’s discuss the dangers of “cheap” bankruptcy – Indianapolis.  You may have heard of impossibly good “deals” to file for bankruptcy.  These deals truly are “impossible” because you are usually not getting very much – at least for how much you pay.  You are only paying somebody in those situations (usually) to do the bankruptcy yourself.   If you are looking for an Indianapolis bankruptcy cheap, you may need to analyze first what it is you are actually paying for.

A very affordable, legitimate bankruptcy attorney usually charges about $500-$1000 and requires the $335 court cost (on the lowest end).  There could be very limited “community pro-bono” sort of options for low income people that could charge very slightly less.  These are usually very difficult to access because you must be below the poverty line and apply for help at a legal clinic.  Also, the amount of resources at these places are usually limited: there are too many people trying to get an Indianapolis bankruptcy cheap for the “pro-bono” resources available.

If you see an ad that says they are charging $44, $159, or even $299 for bankruptcy, be careful!  You may only be paying for a “bankruptcy preparation service” or worse you may only paying to get access to the bankruptcy forms (which are already free on the court’s website!).  In either of these services, you are essentially just paying somebody so that you can do the bankruptcy yourself.  They cannot help you do very much: they are not allowed to file the forms for you or give you any form of legal advice.  This is a “cheap” Indiana bankruptcy option, but you are not really getting very much for the price you pay.

These peddlers of “ultra-cheap” bankruptcy make light of how complex bankruptcy filings can be.  They act as if they are experts in bankruptcy, saying thing such as “you do not need to pay a bankruptcy attorney anything because all they do is fill out your forms.”  These statements cannot be farther from the truth.  A bankruptcy attorney does spend a considerable amount of time filing forms and dealing with the court and bankruptcy trustee.  However, the bankruptcy attorney’s knowledge and experience is what will make your bankruptcy a smooth, easy, and safe process.  Without a bankruptcy attorney, you could lose your house, cars, or even a great deal of money.  Making a knowledgeable bankruptcy plan is essential: it is more essential than getting your Indiana bankruptcy cheap.

Therefore, you may need to be careful about having unrealistic expectations when trying to find a bankruptcy “cheap.”  Most people want a knowledgeable guide to take them through the bankruptcy process safely.  You can rest assured at our office that we can serve as such a guide: you can call us and we will affordably (not cheaply – joke) guide you through the bankruptcy process.

-Indianapolis Bankruptcy Attorney John Bymaster on the Dangers of “Cheap” Bankruptcy

Cheap Bankruptcy