Foreclosure defense isn’t an area that you want to skimp on. When you’re dealing with the prospect of losing your home and having nowhere to live, it’s even more crucial that you hire a foreclosure attorney with as large of a presence in the courtroom as possible. Someone who knows the law and who can stand up for your rights.
One way that foreclosure attorney Matthew Weidner stands up for your rights as a homeowner is to make sure that you understand how your case may be defended…
Foreclosure Defense: What Are Your Options During Foreclosure
A loan mortgage modification is one of the more popular options when it comes to foreclosure. There are multiple options for modifying your mortgage. These include reducing your monthly payments and/or late fees and penalties, reducing the principal owed on your loan, requesting an adjustment to your interest rate, requesting extensions on payment deadlines, or mortgage forbearance.
Relief under the Servicemembers Civil Relief Act (SCRA)
The Servicemembers Civil Relief Act (SCRA) prohibits foreclosures on any deployed servicemember (and, under their dependents, if they seek court relief) while the servicemember is deployed and for up to twelve months after they return. If you or your family members fall into this category, you have every right to pursue legal action under SCRA to put a halt to the foreclosure process.
Violation of State or Federal Law By the Lender
If you believe that your lender violated state or federal law at any point during the mortgage lending process or during the foreclosure process, you need a reputable and experienced attorney who can help you to navigate legal waters as you pursue a case against that lender. Not only do you have the opportunity to stop the foreclosure process here, but you also have the opportunity to seek damages and restructure your loan. Predatory lending and the like is taken very seriously in the courts of law and it’s not only important that you pursue a case for your own cause, but so that this type of behavior is recognized as being unacceptable among the lending community. If we continue to accept predatory lending, we are allowing it to continue and putting others at risk of being taken advantage of.
Lender Mistakes in Mortgage or Foreclosure Proceedings
Another opportunity to fight foreclosure is to pursue lenders for mistakes they have made in the mortgage lending process or in the foreclosure process. In either of these circumstances, mistakes require that the mortgage and the lender be assessed formally and if error is found the correct action is taken through the courts. Even if no error is found, while your claim is investigated, the foreclosure process must come to a halt.
Filing Chapter 7 or Chapter 13 bankruptcy isn’t the ideal solution for everyone, but if it’s the last chance you have to save your home, it may be the best option for you.
Filing bankruptcy stops the foreclosure sale process and gives you the chance to catch up on your past-due payments over a period of time so that you can bring your mortgage out of default. You also have the opportunity to restructure other debts to make them more manageable with lower monthly payments.
Probably the most appealing factor of filing bankruptcy is that it allows you to continue pursuing a modification of your loan or litigation against your lender without the lender being able to continue foreclosure proceedings.
How Do You Know Which Option Is Best For You?
If you are facing foreclosure and feel that any of the circumstances above may describe your situation, you may be wondering how to know which foreclosure defense you should pursue. The best way to determine the right solution for you is to consult an experienced foreclosure defense attorney. By doing this, you are having a legal professional look over the “legal speak” in the contract and using their knowledge of the legal precedent to assess your situation. This is important because it allows your attorney to look at your case specifically and not just offer general advice based on broad knowledge.
Are You Looking For a Way Out of Foreclosure?
If you’re looking for assistance with your foreclosure defense and you live in or around the St. Petes area, attorney Matt Weidner can help. To find out how just use the live chat feature in the corner of the page or give us a call today at 727-954-8752.