If a borrower does not send the monthly payment of the mortgage by the due date, he or she has defaulted, and the lender now has a right to bring a foreclosure action against that borrower. New federal and state laws protect borrowers when they face foreclosure and may allow them to stay in their homes for a longer period of time to try to rectify the situation.
Our team will fight to defend you and your home from lender foreclosure actions. Our team of attorneys and paralegals will review all the information concerning your case, from the mortgage documents, the note, the bank disclosures, to the manner in which you were served, in order to plan the best defense for your particular case. Depending on the facts surrounding your case, you may be able to stay in your home while we defend your property.
If your lender is threatening to foreclose, or even if you have already had papers filed against you, it may not be too late to save your property. Once you have been served with court papers, you have only a few days to fight back and stop your home from being sold. The longer you wait, the harder and more expensive your fight may become and you may be deemed to have waived your rights to some or all aspects of your foreclosure defense. Even if your sale date is just days away, in some cases it is still possible to stop the sale and keep you in your home. We highly recommend you contact us as early as possible in the process to protect your rights to the fullest possible extent of the law.
Borrowers should also be aware of lenders that continue to negotiate with them, while they also proceed with their foreclosure action. Many borrowers fail to defend against their lender's foreclosure actions based on false representations and false hopes that their lender will work with them and not pursue a foreclosure. This is called 'dual-tracking'. While expressly prohibited by Making Home Affordable guidelines, this practice still persists.
A short sale is the sale of a property for less than what the owner still owes on the mortgage. The lender forgives the remaining balance of the mortgage. A short sale is an alternative to foreclosure when a homeowner needs to sell and can no longer afford to make their mortgage payments. The lender agrees to accept less than the amount owed to pay off a loan now rather than taking the property back by foreclosure and trying to sell it later.
Every situation is unique, but in general the basic criteria for qualifying for a short sale are:
- You need to sell your home.
- You owe more on your mortgage than your home is worth.
- You have a personal financial hardship that will prevent you from making future payments. These include loss of job, divorce, death of a spouse and medical emergency or illness.
More and more lenders are willing to consider approving a short sale.