Foreclosures
In Debt?
There are many situations where foreclosures require legal representation to protect both the borrower and lender. If you are in the process of losing your right to the property, contact our office to see if you have a legal defense to foreclosure proceedings and quite possibly recover money from your lender. Although, it is very important to contact an attorney during the beginning stages of foreclosure. The longer you wait, the less of a chance anyone will have saving your home. There are many factors that should be reviewed:
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Purchase contract and mortgage paperwork
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Your view - financial and personal situation, future interests and objections
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Reasons for defaulting payment
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Available defense analysis and possible counterclaims
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Viable options to foreclose in your best interest
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Negotiations with lender
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Defense of your interests in court filings and proceedings
Creditor?
Debtors and creditors alike have rights in the foreclosure process. If you are a creditor foreclosing on a property due to your borrower's default in mortgage payment, contacting a real estate lawyer can help you secure and protect your interests as a creditor. In the case of a bankruptcy filing, a secured creditor has a number of available options, all or some of which should be exercised, depending on the facts of the case, to maximize loan recovery. When able to establish that the property is not necessary to an effective reorganization of the debtor, there are cases where the court will dismiss the bankruptcy as a "bad faith" filing. In other cases there are motions for relief from stay, to continue the foreclosure process after Chapter 7 has been filed.
