Foreclosure Defense and Loan Modification
We provide home owners with options when they are in or near foreclosure. We will defend the foreclosure case in court, making sure the plaintiff really owns the note and that it has all the proper documentation. Many courts have a foreclosure mediation program, and we will represent you in the mediation. We help you assemble the financial paperwork needed to discuss a loan modification with the lender, inside or outside of a mediation.
We can also work with you on a short sale process if you want to sell the property to end the foreclosure. We know Realtors who are especially experienced with the short sale process. We can also discuss a deed-in-lieu of foreclosure with the lender for you.
If you are having loan problems, you will receive solicitations from many non-attorney vendors who offer to help, often for a lot of money from you, up front. These vendors are often scam artists, and in any event, if you are being sued in foreclosure, you need a lawyer, not someone who cannot represent you in court.
Here are answers to some Frequently Asked Questions about foreclosure:
• I’ve been served with Court papers, what do I do next?
It is important to file a written answer with the Clerk of Court within 28 days of being served or the lender will obtain a default judgment. An attorney can help you do this.
• I’m getting mail from non-attorneys saying they can help me with the foreclosure or get me a loan modification, should I respond?
Non-attorneys cannot lawfully prepare or file court documents. Such advertisers cannot give you the kind of help you need the most at this time. There is often a scam involved with non-lawyer “foreclosure help.”
• Should I just give up and move?
No. See a professional first about your options. In addition to attorneys, a “HUD Certified Housing Counselor” may be helpful. (But avoid non-professionals who ask you for money to handle the problem).
• I am talking to my lender’s telephone staff and they say the bank will work with me. So can I just not answer the lawsuit?
Absolutely not. Even if the lender is working with you, the lender’s attorneys have instructions to keep foreclosing and they don’t know what somebody at the lender’s call center may have said.
• Should I file bankruptcy?
A bankruptcy filing will stay a foreclosure but will usually not stop it permanently. An attorney can help you figure out whether a bankruptcy filing is suitable for you.
• Should I try for a loan modification or “short sale”?
These are among the most viable options for a positive resolution of your case. A lawyer can help you negotiate for these.
• I’m willing to give up the house but I need time to regroup first, can I ignore the foreclosure suit?
If you ignore the foreclosure suit you will have a lot less time before you have to go. If you defend the suit, you will have more. A lawyer can help you with this.
What You Must Do in a Foreclosure
If you are in or near foreclosure, promptly read all mail that comes to you from the lender and any court. If you do not file an answer within 28 days after you are served with Court papers, you will lose important rights, even if the lender says it will work with you and says that you needn’t worry about the court matter. If the Court sends you a paper asking if you want mediation, send that paper back in with a “yes.” Do not deal with any non-attorney companies or investors who offer you services, there is usually a scam involved.