The experience of being in the midst of the foreclosure process can seem like an assault on your home, your family, your finances and your livelihood. From letters and notices from lenders to endless telephone calls, you may be led to believe that you have do not have any options. But this is not always the case – you do have a choice – you can defend your home and your family with a foreclosure defense lawsuit.
Rapidly changing laws surrounding foreclosure, most especially those laws specifically related to how your lender handled and processed paperwork and records involving your mortgage, have given way to new opportunities in recent years for homeowners fighting to stay in their homes. As such, you may be in a stronger position to protect your home and avoid foreclosure than you realize.
The improper handling of correspondence and paperwork on a lenders part, most especially pertaining to the initial application paperwork, has opened a new legal venue to appropriately challenge foreclosures. Needless to say, this is not information your lender will share with you – rather, it requires a consultation with an experienced attorney specializing in this area.
Lenders have a series of behind-the-scenes responsibilities from the initial application paperwork to subsequent communication; if said responsibilities and guidelines were not adhered to, you may be in a position to have your foreclosure invalidated.
It is important to note that foreclosures are also affected by changes in bankruptcy laws; as such, it is wise to seek the guidance that can only be provided by qualified attorneys specializing in both foreclosure and bankruptcy law.
Do not let negative equity or missed payments stop you from exploring the options that may be available to you – you may be in a much stronger position than you realize to save your home. In fact, an attorney specializing in this area of law may be able to not only stop the foreclosure, but also work with you and your lender to create a loan modification that will give you a fresh start with payments that you can afford.