Three Ways An Attorney May Be Able To Save Your Home From Foreclosure

19 October 2017
 Categories: , Blog


If your home is in foreclosure, you may be in a state of panic. You may wonder if there is anything you can do. What are your options? The following are just a few ways an attorney can mount a legal defense against foreclosure.

You may be able to file bankruptcy

Specifically, you may be able to file for Chapter 13 bankruptcy. This is a type of bankruptcy where your debts are reorganized, so you are able to pay them back over time. The money is paid in monthly installments to a trustee of the court. This type of bankruptcy is not the fresh start that you may associate with the word bankruptcy that is a Chapter 7 filing, and it will not save your home. A chapter 13 bankruptcy is a form of debt relief and it can save your home. However, you do have to qualify for a Chapter 13 filing. An attorney can help you determine if you qualify.

There may have been mistakes made with your mortgage

If you have been dealing with a mortgage service instead of directly with a lender, there is a good chance that one or mistakes have been made. A attorney can often find these mistakes and use it as a defense against foreclosure. A mortgage service deals with many lenders, and in some cases, it is not even clear who even owns the mortgage. Your mortgage payment may have been paid to the wrong lender. Another mistake is for a mortgage service to assess fees that are not part of your mortgage agreement with your lender. These fees may have made it difficult to bring your loan current.

There may be issues related to unfair lending practices

There are many laws at the federal level regarding what a mortgage lender can and cannot do. The laws that will pertain to your situation will be those that regulate the foreclosure process. There are also laws specific to each state. Many of these laws regulate high-cost mortgages because these are often the type of mortgages that lead to foreclosure. It is important to explain your specific circumstances and answer the questions an attorney has for you. He or she will be probing for possible unfair lending practices as a defense against foreclosure.

There may be several possibilities for saving your home from foreclosures, but the laws are complex, and you will need a lawyer. You should contact an attorney immediately, the sooner the better. You don't have to wait until you get a foreclosure notice. There are attorneys that handle foreclosure defenses routinely, and most bankruptcy attorneys can help you as well.


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