YOUR LENDER HAS A LAWYER

WHY DON'T YOU?

Your Lender is required to comply with complicated statutory procedures as well as procedural rules and requirements. But when you are not represented by an attorney, the lenders often do not follow procedural guidelines.

ACT NOW!

Typically, an attorney only has 20 days from the date you received a foreclosure summons to stop your lender from applying for a "procedural default" which will prevent you from asserting your rights in state court.

WHY HIRE OUR FIRM?

Retaining an attorney to protect your rights as a homeowner is absolutely critical. Frequently, our law firm has found procedural errors with the foreclosure action. As a result, a Motion to Dismiss the foreclosure complaint is filed. Unless the lender is able to create a valid defense, many times the courts will make the lender start over. This enables the Homeowner to save his or her money in an attempt to settle with the lender or move out of the home without making another mortgage payment.

Our law firm works diligently to ensure that Homeowners have the opportunity to explore other alternatives to foreclosure while defending the Homeowner in a foreclosure action. We have been extremely successful with creating a “win-win” situation for the Homeowner.

WITHOUT AN ATTORNEY

When a homeowner becomes delinquent on his or her loan, the lender will generally go forward with foreclosure proceedings within 4 months. The foreclosure process begins by a court action being filed by the lender, along with the filing of a lis pendens. The Homeowner and other potentially interested parties are thereafter served with foreclosure notice.

The Homeowner has 20 Calendar days to file an answer and affirmative defenses to a foreclosure action. If the Homeowner fails to answer, the lender will file for default. Once the Lender files for default, the lender will file a Motion for Summary Judgment and set a hearing on the Motion. At the hearing, the foreclosure sale date will be set. The notice is published with the time, date, and location of the sale. The Property will generally be sold within 20-30 days. Ten days after the sale, a transfer of ownership is given to the winning bidder, if there has been no dispute of the sale. The entire process takes approximately 4 months and, therefore, you will be forced to vacate your home.