What is Foreclosure Law?
Foreclosure Law provides the means for a mortgage lender to take possession and sell a home when the borrower has defaulted on a loan. The money from the sale is used to pay off the balance of the loan, and borrower may be held personally liable for the difference, in addition to being forced out of their home. From a lender’s perspective, foreclosure is slow and expensive. Thus, the lender will usually be just as motivated as the borrower to see that the loan is paid on time and foreclosure does not become necessary.
To understand foreclosure law, it helps to consider the nature of a mortgage. Mortgages are used when potential home buyers seek to borrow purchase money, or when homeowners with equity in their property want to borrow cash to make home improvements or for other purposes. In either case, a bank lends the money, and requires the borrower to sign a mortgage document giving the bank security interest in the home. In other words, the home becomes collateral for the loan. If the borrower stop making the loan payments, the bank can take the collateral through the process of foreclosure.
The Foreclosure Process
The foreclosure process begins when the homeowner is three months or more behind on their mortgage payments. From this moment, the mortgage lender begins the process of filing a foreclosure suit in court against the homeowner. The foreclosure is filed in the county where the property is located. Many homeowners are unaware that there are several defenses that can be asserted. Our firm will analyze your situation and your case and assert all relevant defenses. We will discuss with you all your options, including but not limited to:
- Loan Modification
- Stipulated Foreclosure with no deficiency
- Short Sale
- Deed-in-Lieu of Foreclosure
- Bankruptcy
Our firm will explain each option and depending on your individual circumstances, the information you obtain will empower you to make an educated decision for you and your family. Meanwhile allowing you to move in a way that is financially beneficial to you. We will discuss all your options and aggressively pursue a defense strategy that works best for you.
Our Firm Services that are available to you
- Examine relevant legal documents such as the terms and conditions of your Loan Documents.
- ​Communicate directly with your lender’s legal department.
- Negotiate with your lender the modification of your mortgage.
- Defend your foreclosure by asserting all applicable defenses.
- Negotiate a Deed-in-Lieu of Foreclosure.
- Assist with the filing of a bankruptcy.