If you are a homeowner who feels unprepared to face a foreclosure situation, rest assured that there are legal professionals who can guide you through this difficult time. Homeowners are often not to blame for their situation, and just want to do what is best for their families. Foreclosure is complicated and can quickly confuse anyone who isn’t familiar with this process.
Whether you need a lawyer to help you with a foreclosure will depend on your needs. There’s no shame in asking for help, and consulting with a seasoned lawyer who understands the nature of foreclosure may be the best decision you’ll ever make. In this way, at least you’ll know your options and how to proceed.
Defenses Your Lawyer May Use in Court
Your lawyer may find that there are serious issues with the lender and their lending practices, and can raise these concerns as a way to defend your side in court. Potential arguments your lawyer may use include:
- The mortgage servicer or lender breached the contract in some way
- The foreclosing party is unable to prove that it owns the mortgage debt
- The lender failed to abide by proper foreclosure procedures based on state law
- You are a member of active military who is entitled to protection against home foreclosure
Keep in mind that if the court agrees with your lawyer’s arguments, that the court may dismiss the foreclosure or the lender may consider a settlement.
Filing For Bankruptcy
Your lawyer may advise you to file for bankruptcy, which can be a good solution if the lender refuses to modify your loan, and if you are unable to fund a costly legal battle. You may be able to keep your house and have arrears brought current over a duration of three to five years.
If you are struggling with a foreclosure issue, notify a Foreclosure Lawyer near you as quickly as possible, such as a dedicated team member from Marty Martin Bankruptcy Law.