Foreclosure Defense Attorneys
Fight to Keep Your Home Before It’s Too Late
Is your mortgage lender threatening foreclosure? Are you confused or blindsided by the process? You’re not alone. You don’t have to face this challenge without help. At DebtErasers, we focus on protecting your rights and helping you fight back against unjust or premature foreclosure actions.
What Is Foreclosure Defense?
Foreclosure defense is a legal strategy to challenge your lender’s right to take your home. Our goal is to identify any issues, ranging from improper notifications to unethical banking practices, that could provide the legal grounds to stop or delay foreclosure.
By acting early and building a personalized legal strategy, we give you the best possible chance of keeping your house.
Legal Strategies To Challenge Foreclosure
We develop a unique plan based on your circumstances. Foreclosure defenses usually fall into two categories:
Procedural Defenses
A procedural defense allows you to challenge your lender's actions if they fail to adhere to the required legal processes in your state. For instance, if you did not receive the necessary notice regarding your mortgage default, this could strengthen your case. Make sure to inform your attorney if you have not received appropriate communications from your lender.
Common procedural issues to look out for include:
- Lack of formal notice about missed payments
- Inadequate or improper documentation
- Mistakes in foreclosure filings
Substantive Defense
A robust defense in a foreclosure case relies on the understanding that mortgage lenders, being human-operated, can make mistakes. These errors include failing to credit your payments promptly or applying them to the wrong account. If you suspect that such mistakes by your lender contributed to your foreclosure, it's essential to consult your lawyer quickly. They can examine the details and help establish that an error occurred, which could bolster your case regarding unfair treatment.
For a solid defense, there is a chance if you:
- Payments were not processed accurately
- The lender made calculation errors or clerical mistakes
- There has been a history of poor communication from the mortgage servicer
What Happens During The Foreclosure Process?
Understanding the timeline can help you act in time:
| Stage | What Happens |
|---|---|
| Missed Payment | One or more mortgage payments are missed. The lender typically reaches out to encourage repayment. |
| Notice of Default | After 90 days, the lender sends a formal notice giving you 30 days to catch up. |
| Notice of Trustee’s Sale | If no payment is made, the lender files court paperwork and schedules a property auction. |
| Sale at Auction | Your home may be sold to the highest bidder. If no one buys it, the bank takes ownership. |
| Eviction | If you're still in the home, you may receive an eviction notice from the new owner. |
The process can move quickly, especially in nonjudicial foreclosure states. That’s why early action is critical.
How To Avoid Foreclosure?
The most straightforward and effective way to avoid foreclosure is to stay current with your mortgage payments.
However, we understand that there may be times when meeting these obligations becomes challenging or even impossible. In such situations, there are proactive steps you can take to prevent foreclosure:
Talk To Your Lender
It's crucial to contact your lender as soon as you realize that you might have trouble making your mortgage payments. Many lenders offer programs or assistance to help you avoid entering the foreclosure process.
Apply For Forbearance
You may have the option to temporarily pause your loan payments through a forbearance agreement, which can help you avoid foreclosure for the time being.
Loan Modification
Depending on current interest rates compared to your mortgage rate, refinancing could be a viable option to secure a lower monthly payment. Keep in mind that refinancing often comes with closing costs and upfront expenses, but it can lead to savings over time.
We’re Here to Help You Take Control
DebtErasers offers experienced foreclosure defense attorneys who understand both the law and the emotional toll this process takes. We’ll guide you every step of the way without judgment, and with compassion.
- Free initial consultation
- Transparent communication
- Focused on your long-term stability