What Should I Know About the Foreclosure Defense Strategies If I’m Traveling?

It’s happened. You’ve been doing your best but foreclosure proceedings have started and more of it, you are in travel. This means that your bank (or lienholder) has filed the proper documentation with the court to begin forcing your home to be sold. You likely have a lot of questions now, including what to expect during the foreclosure process and whether or not you should file for chapter 13 bankruptcy. And the biggest question will be – how can I save my home in the distance?

Having your home go into foreclosure is a hard thing to endure. Is it easy to feel vulnerable and unsure at this time? Of course.During this difficult time contact a foreclosure defense lawyer in NYC today and learn about the foreclosure process and how it can impact you. A good attorney can assist you, and help to delay foreclosure until you come back from your journey.

The Foreclosure Process and Timeline

Sometimes, you can have more time to come back from travel (depends heavily on your state). If you’re wondering how to engage in foreclosure defense, then you should definitely be aware of filing deadlines. Being aware of what’s coming can help you properly prepare your documentation and be ready for court meetings. A few things to keep in mind as you proceed:

1. If a borrower is more than 120 days past due and the 90 days have passed since the pre-foreclosure notice was filed, the lender can, in fact, file a foreclosure lawsuit.

2. As with any filed action, once the complaint (along with the summons and financial assistance information) is served, an answer is expected and due from the borrower. The time period to turn this in is crucial and it’s important to speak to a foreclosure attorney to avoid missing any necessary deadlines.

3. Once the above is completed, a settlement conference will be scheduled. This conference is a time to discuss possible resolutions with the lender and the help of your attorney. This meeting is typically scheduled within 60 days.

4. If the case does not settle at the conference then it will proceed towards trial. Understanding how to properly defend your claim is important for halting a foreclosure.

Before any of the above happens, and foreclosure proceedings get away from you, learn more about foreclosures and schedule a free consultation with your local firm.

Why should you Fight a Foreclosure?

Unfortunately, mortgage lenders have been in the news more than once for participating in unsavory lending practices. Do not let yourself be victimized by their predatory habits.

It’s understandable that you may be distraught at this time. It’s your home, your credit score, your investment. It’s important to consult with a legal professional who can truly explain all of your options to you properly. Big banks have attorneys on their payroll, you deserve to talk to someone about the foreclosure process and possible foreclosure proceedings. Specifically, someone who has your best interests at heart.

What is Foreclosure Defense?

Foreclosure defense, in its simplest form, is the practice of defending a property from being sold by a lender without the borrower’s permission. This most typically occurs when a borrower stops paying the lender for an extended amount of time. The lender, in an effort to recuperate their investment, attempts to sell the property.

Demonstrating that a bank does not have the right to foreclose on a property, for any reason, is how lawyers defend against malicious foreclosures. By meticulously analyzing loan documents for notary signatures, inaccurate or counterfeit affidavits, or breaks in the proof of ownership chain, lawyers can help prevent and stop foreclosure procedures.

Foreclosure Defense Tactics and Strategies vary Depending on the Case Specifics

There are a number of foreclosure defense strategies and possible strategies to consider when working to prevent a foreclosure from becoming finalized. Two methods you may not have considered are found in the Service Member Civil Relief Act and also in the terms written by the mortgagee.

If you are an active duty service member there are special options for you. In 2003, a federal law was enacted that limits certain actions from being taken against active military personnel. If you are active duty or have been very recently, then you should contact an expert in foreclosure defense tactics.

Alternatively, if you can prove that your lienholder actually engaged in predatory lending tactics (with your loan), you may have a good defense. Foreclosure defense law is aimed, in part, to prevent homeowners from being taken advantage of by shady lenders. When reviewing your loan documentation take a moment to ask yourself a few questions:

1. What interest rate did you qualify for? In contrast, what interest rate are you paying?

2. Is your monthly mortgage more than you can afford? Did you feel pressured or encouraged to take out loans you couldn’t afford?

3. Did you understand how your credit information impacted your loan?

If you answer yes to any of the questions above, you might have a valid defense against foreclosure. To learn more about foreclosure defense law, keep reading, or contact your office to speak with a Denver foreclosure defense expert. Each case is different and we can help determine if these or any other strategies may apply to your case.

Different States Mean Different Foreclosure Defense Options

Each state has its own set of rules and regulations when it comes to foreclosures. The type of document you signed at closing may indicate whether or not your state conducts judicial foreclosures or non-judicial foreclosures. Knowing that information can help you understand the process a little better.

When property is purchased, a promissory note is signed. The note is essentially a promise that you will pay back the loan. In addition to that, you may sign a mortgage. Signing a mortgage (typically) means that you live in a state where a lender would have to sue in court in order to get a judgement to foreclose. This is known as a judicial foreclosure. By contrast, in a non-judicial state, the lender does not have to initiate foreclosure through the court.

Thus, in a non-judicial state, the lender can begin foreclosure proceedings without actually having to prove anything. This forces the homeowner to file a civil action in order to compel proof of perfection from the lender.

How You Can Avoid Foreclosure

There are a number of ways to avoid a foreclosure. First, always keep track of all of your paperwork. Sometimes, lenders sell your loans to other lenders and it’s necessary for a lender to be able to prove that they actually own your loan. Further, there are steps that you can take before even getting to that stage. For example, you can contact your lender about reducing or changing the loan’s interest rate, request a reduction of your monthly payment, or in some cases, even apply for a forbearance.

When considering what foreclosure defense tactics you should use, you want to get the best information possible. Have you considered loan modifications? Has the foreclosure process already started? Do I have to file chapter 13 bankruptcy? To find out all of this and more contact your local Denver law firm to discuss your foreclosure case.