How Can I Save My Home From Foreclosure?

Foreclosure Defense

In a judicial foreclosure state, mortgage lenders MUST follow the judicial foreclosure process. This process begins when the bank/lender files a lawsuit against the borrower, in the specific county Circuit Court where the property is located. Shortly after the lawsuit is filed with the Clerk of Court, the home owner will likely be served with a Summons & Complaint.

Depending on your states individual regulations, you only have a certain amount of time to respond to the Complaint in some fashion, which may include a Motion to Dismiss, Answer, Affirmative Defenses, and/or Counterclaim. Immediately after receiving service of the Summons and Complaint you need to consult with an attorney in order to formulate an appropriate legal strategy and file the necessary response. At some point during the foreclosure litigation, mediation may be set where a representative of your lender, yourself, and your counsel will have the opportunity to discuss an amicable resolution which could include a loan modification, FLEX Modification, Deed-In-Lieu of foreclosure, reinstatement of the loan or other applicable options.

PLEASE NOTE: Not all states follow the above process. Your property may be located in a non-judicial foreclosure state which could expedite the process of losing your home.

You have legal rights to fight foreclosure

Benefits of Defending the Foreclosure Action

Losing your home to foreclosure is anyone's worst nightmare. The repercussions can be huge and alarming on both the social and emotional front. It can, and is likely to include relocating to another area or city, job changes, living away from family and friends, etc. Often, the disturbing impact of such a loss affects the whole family, especially children. There is also a risk of losing a good part of your capital and savings if the home sale results in a deficiency judgment, which is a monetary liability that may exist for upwards of twenty (20) years.

We work with the leading providers of foreclosure defense representation in the country and will make you aware of unique options and strategies, all in an effort to achieve the best result for you when, and if, foreclosure litigation has been instituted against you.