Foreclosure Attorneys Stop Foreclosure
Facing Foreclosure of your home? Foreclosure of your home is a serious situation . One where you shouldn't waste any time to save it. The bank's notice of default is the first step of the foreclosure process by your bank. This is a formal threat to seize your property,terminating all of the homeowner's rights over the property. Regardless of the reasons why your defaulted on your mortgage, you need to take steps to save your home from foreclosure. Your mortgage company can redo your loan through a loan modification. A foreclosure attorny can help guide you through the foreclosure process, helping you complete the loan modification to its finish.
A foreclosure attorney will deliver to you a comfort knowing you have made the correct choice when challenged with your foreclosure. You can be certain that you explored all possibilities at your disposalto keep your home and guard your credit, and comfort your family by keeping a roof over their heads. In almost all cases, a foreclosure attorney will support you throughout the foreclosure process to keep you in your home. If our foreclosure attorneys decide that staying in your home is no longer the best choice we can Attorney you restore you credit and move on from your foreclosure. This is the most important reason to have a foreclosure attorney. Having a foreclosure attorney will let you stay in your home throughout the foreclosure process. The banks cannot remove you from your home once have an attorney representing you because a foreclosure is a legal process and must be settled in court. If you do not have a foreclosure attorney then you will be dealt with just like every other home owner whom loses their property back to the banks. Stop foreclosure now hire a foreclosure attorney. Foreclosure attorneys will take the necessary steps to stop the foreclosure process. They can recommend you file bankruptcy to stop the process or file a lawsuit against your mortgage company - freezing the process. The lawsuit can be filed on thses reasons: Satatutory violations - The bank forgets or mistakely skips filing the proper paperwork for the foreclosure filing, process , if these are pointed out to the courts the bank must restart the foreclosure process again and refile all the necessary paperwork giving you more time to fix your finances.
Common Law Violations - Qualifications of HAMP: The loan must be on your primary residence, you must pay more than 31% of your gross monthly income on your mortgage (including property taxes and insurance), your loan must have been issued before 01-01-09, your loan balance can’t be more than $775,750, and you must be facing a financial hardship (but not necessarily behind on your loan). Most homeowners qualify but as you know the banks are simply not doing any loan modifications under HAMP because they lose too much money.
Avoid Foreclosure. Modify your loan. Eliminate your back payments, and save your home
The bank uses many tactics to deny loan modifications. They drag out the best for many months and even years until you finally give up or you finally make a “mistake” that the bank uses to deny you. Or if the bank puts you into a trial plan, it will drag it on forever, again until you make a mistake. Or the bank claims you didn’t provide all the necessary documentation (even though you provided it six times!). When this happens, the bank breaks it’s contract under the HAMP program with the federal government. This gives you the borrower as the intended third-party beneficiary the legal right to sue the bank and stop the foreclosure sale. The courts take this violation seriously and a recent federal court decision in San Diego strongly supported the borrower’s right to sue the bank for the HAMP violations.
Breach of Contract: If you have already entered into some type of trial plan with the bank (whether it be a HAMP or internal modification plan), you have made all necessary payments, and the bank has nevertheless either denied you or has dragged out the plan longer than the agreed-upon initial three-month period, you have the right to sue the bank for breaching its agreement with you.
Fraud: Fraud is much less common to find than HAMP violations but still exists in many cases. If the bank gave you a “toxic” or predatory loan, you may be able to sue the bank and stop the sale. By toxic I mean that you have an Option ARM loan, also known as a negative amortization loan where your minimum payment each month doesn’t even cover the interest component of your payment so your principal grows each month. What doesn’t count as fraud for the purpose of stopping trustee’s sales is TILA, RESPA or HOEPA violations. The courts simply don’t care if your correct interest rate wasn’t properly disclosed.
