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FORECLOSURE

PROCEEDING

A home is one of the most important assets one could have and often our greatest investment in life. When difficult times arise, it often becomes ever-so difficult to make monthly mortgage payments. When payments aren’t made, a foreclosure can become a reality. That’s why it's crucial to have an aggressive legal team to defend you from lenders and banks seeking to foreclose on your property. A foreclosure is the process by which a lender or bank will attempt to take the property in an effort to satisfy a debt owed to them (an unpaid mortgage). 

 

Defenses:

When threatened with a letter indicating foreclosure on your property, it is very important to contact experienced foreclosure defense attorneys to negotiate and raise all necessary defenses for you and your family. If you have been served with a Summons and Complaint, you have a short window to respond. If you do not respond, the bank/lender can win automatically by default. 

 

There are multiple approaches to consider when effectively responding to a foreclosure action. The law provides many procedural safeguards when your home is threatened by a foreclosure proceeding. Once you are served with court papers, you have 20-30 days to respond with an answer. In the answer, we address all of the plaintiff’s claims that have been brought against you. We do this through factual responses as well as by raising defenses. In some circumstances, we are also able to bring a counterclaim against the lender/bank. A counterclaim is an allegation against the plaintiff. After the initial papers are completed, a judge will be assigned. The first several court appearances typically occur in a special part of the court which focuses on attempting to mediate the resolution. There are several options. For example, we can explore a loan modification which could possibly result in a lower monthly mortgage payment, allowing you the ability to sustain your monthly expenses and stay in your home. If the financial circumstances are challenging, we are, from time to time, able to negotiate your debt down to a manageable position. In circumstances where it is not realistic to maintain the home, we can explore other options. Our approach to the mediation process is dependent on your financial position, the value of your home and the debt you allegedly owe the lender/bank. Many foreclosures do resolve amicably at this stage. It is important to note that during the mediation process you will likely need to make significant financial disclosures such as pay stubs, tax returns, and similar financial records. 

 

If mediation is not successful, then litigation will continue in a process that is very similar to other litigated cases. Defending a foreclosure is a very complicated task, it is important that the attorney and client have very open and honest discussions about goals and financial realities. In our initial conversation, as well as throughout the case, we will keep you informed and work with you. In extreme circumstances, there are other tools available for protecting your long-term financial well-being, such as bankruptcy. The law does provide many tools to help you.

During your consultation with our office, we will be able to give you an overview into the options that may be available depending on the facts of your case. Should you be in the middle of a foreclosure proceeding, or, are in danger of entering foreclosure, please do not hesitate to call our office! Consultations are always FREE and there is no obligation. We offer flexible payment options and look forward to helping you!

"Mr. Fried and his staff were impeccably professional and knowledgeable. They were patient and answered all of my questions, and I received prompt responses to all calls and emails. I also appreciate how well they explained the legal proceedings of my case to me. Thanks to their efforts, my case was resolved with a favorable outcome. Overall, I am very pleased with the quality of service I've received and would absolutely recommend this firm."

—  Y. Chun

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