Foreclosure Defense

Remember, the worst thing that you can do is nothing.  It is important that you consult an attorney upon receipt of your foreclosure action, as time to file your responsive pleadings is limited.  Failure to respond timely may limit your legal recourse and defense to the foreclosure action.  Many homeowners wait until the last minute, but it is important to keep in mind that once a sale date has been granted by the judge, you will have very limited legal recourse.  However, even at the last moment we may be able to get you extra time in your home in order for you to find replacement housing, review relevant judicial sale documentation, secure extended possession, provide valuable advice to tenants in foreclosure, possibly negotiate a rent from the new owner in your own home, or secure monetary funds towards relocation, a so-called “cash for keys” arrangements.

You should be aware of all various options that may be available to you, including, but not limited to, rights to review the mortgage documents in possession of the original lender or present plaintiff seeking the foreclosure of your property, plaintiff’s proper complaint and assertion of all the facts properly including confirmation that your mortgage has in fact been transferred to the present plaintiff.

By being aware of the various options, we can design the optimal solution for your unique situation.  As the needs of every client differ, each foreclosure representation must be tailored to the client’s specific situation and goals. It has been our experience, that majority of clients require additional time, for the following reasons, just to name a few:

• TIME to bring back payments current;
• TIME to refinance;
• TIME to modify the loan
• TIME to sell or “short sell”;
• TIME to find alternate housing;
• TIME to discover what possible claims to bring against the lender or others involved in the transaction that has resulted in a foreclosure filing;
• TIME for more favorable laws to be passed to help the client;
• TIME to wrap up their affairs in this state or county and consider temporary or permanent relocation;
• TIME to consider and prepare for the filing of bankruptcy, if needed.