When you face foreclosure on your home or business, you may understandably be overwhelmed and unsure of what to do next. An attorney can immediately work on your behalf to defend your interests during foreclosure proceedings.
A Madison foreclosure defense lawyer can pursue multiple legal strategies to safeguard your rights. Whether you are seeking legal protection from foreclosure or applying for a loan modification, a seasoned real estate attorney will leave no stone unturned to secure the best possible outcome for your future.
Foreclosure is when a lender tries to regain control of a property in arrears. For example, the lender may initiate the foreclosure process if someone is in arrears on their mortgage. However, the lender cannot simply take control of someone’s home. A strict series of legal stops is involved in the foreclosure process. Numerous options may be available to fight foreclosure, allowing you to stay in your home.
When a homeowner is in arrears and before the lender can file a foreclosure complaint, the lender must send them notice via certified mail with a return receipt. The notice informs the individual that the lender intends to initiate foreclosure proceedings. The foreclosure proceeding may be dismissed if the lender does not observe these notice rules.
The lender is required to send the notice at least 30 days before filing the foreclosure complaint. The notice should include numerous details, including ways for the homeowner to prevent default from occurring. The next stage in foreclosure occurs when the lender files the actual foreclosure complaint, after which the homeowner will receive a summons and complaint. The law provides the homeowner 35 days to prepare and submit an answer to the foreclosure complaint.
Whether you are at the earliest stages of foreclosure or the process has already started, a Madison attorney can evaluate your defense options and work to bring the proceedings to a close. Our lawyers can help you answer a foreclosure complaint in a timely manner to avoid an unfair judgment while leveraging the most suitable defense options at your disposal.
A Madison attorney can take action to implement your defense against foreclosure proceedings. The right defense options will depend on the facts and circumstances of your case. In some cases, it may be possible to contest the foreclosure and dispute the lender’s right to bring these proceedings forward.
Sometimes, the right defense will hinge on mortgage modification. If you can no longer afford your monthly mortgage, an attorney may be able to negotiate to alter the terms of the original loan to an affordable monthly repayment obligation. Bankruptcy is one potential tool for fighting foreclosure.
In certain situations, a foreclosure defense may be based on violations the actual lender commits. For instance, violations of truth in lending laws, fraud, or servicing violations by your lender could get a foreclosure case dismissed.
If you are dealing with foreclosure, you may feel you are running out of options. The good news is the reality may be far more hopeful.
You should start working with a dedicated Madison foreclosure defense lawyer as soon as possible. Our attorneys understand how much is at stake in your situation and how hard you have worked to get to where you are now. A lawyer can ensure the lender adheres to their legal duties while evaluating all possible solutions to resolve your case in the way that is most favorable to you.
Our experienced, successful legal advocates can guide you through each stage of foreclosure defense. Contact our office today to schedule your one-on-one legal consultation.
Gillman Capone Law Group
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