Foreclosure Defense Lawyer
If you are being threatened with a foreclosure on your home, a good foreclosure trial lawyer may be able to go to bat for you and save you from losing your house. It is important to enlist the help of a lawyer who is licensed to practice in the state where you are being threatened with foreclosure because foreclosure laws differ from state to state. Even though the prospect of being able to keep your house may feel bleak at the moment, once you have discussed your situation with a knowledgeable foreclosure trial lawyer, you may find out that you have options that will prevent your pending foreclosure.
Judicial and Non-Judicial Foreclosure
When a state requires a foreclosing party to sue the party that has defaulted on a loan it is called, judicial foreclosure. If a state does not require this, the party that is defaulting on a loan needs to challenge the nonjudicial foreclosure they are facing by becoming a plaintiff in a lawsuit instigated by themselves.
A judicial foreclosure can be less expensive and easier to negotiate because it is an existing lawsuit. In a nonjudicial foreclosure, the debtor needs to file a claim against their lending agency.
If you are not sure what your state’s laws are about foreclosure, a good place to find this and other important information about foreclosures is by asking a licensed lawyer how your state’s laws apply to your situation.
Solutions to Try Before Fighting a Foreclosure in Court
Depending on the specifics of your unique situation, you may have options that are better for you than trying to fight a foreclosure in court. You may be able to:
- Have your lawyer negotiate a loan modification to make your existing loan one you can afford
- Avoid foreclosure through loss mitigation
- File for Chapter 13 bankruptcy
These and other options may be available to you even though they tend to be difficult to negotiate without the help of a foreclosure trial lawyer. A lawyer will be able to help you to determine whether it is in your better interest to try fight the foreclosure through other avenues in the hopes of avoiding a trial, or to go ahead with a trial.
Going to Trial
If you wind up going to trial with the help of a foreclosure trial lawyer, there are many strategies and tactics they can employ in the hopes of preventing your home from being taken away from you.
Banks and other lending agencies are supposed to keep meticulous records of everything they do, including how and when they file foreclosure documents against someone. If they made a mistake in doing this for you, an experienced foreclosure trial lawyer may be able to use this against them to make a claim for you being able to keep your house.
There have been instances where lenders breach loan contracts or a party that is threatening a foreclosure may not be the rightful owner of a mortgage debt. If either of these is the case for you, your foreclosure trial lawyer may be able to use this against the lender that is trying to take your home away from you.
These are just a few of the things a foreclosure trial lawyer may use to defend you against losing your home.
For a highly rated foreclosure defense lawyer who may be able to save your home, contact a law office today.
