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Blog Posts in October, 2011

  • Foreclosure Defense - Part 5 - Bankruptcy

    || 26-Oct-2011

    While many homeowners may not have considered it, bankruptcy can also be a useful tool in fighting a foreclosure. In a case where a homeowner may not be financially able to keep their home, a Chapter 7 can help to stave off a foreclosure sale, and allow the homeowner to surrender the property and owe nothing more. A Chapter 13 bankruptcy can be a useful tool to fight a foreclosure where the ...
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  • Foreclosure Defense - Part 4 - Foreclosure Conference

    || 21-Oct-2011

    Many counties throughout the Tri-State area have now instituted a procedure by which a homeowner and the bank or other financial institution attempting to foreclose on the home participate in a series of foreclosure conferences, attended generally by the attorney for the bank and either the homeowner, or the homeowner's attorney, though our office always encourages the homeowner to attend as ...
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  • Foreclosure Defense - Part 3 - Discovery

    || 18-Oct-2011

    Discovery is the process by which a homeowner is able to request certain documents from the bank or other financial institution that is attempting to foreclose on their home. There are numerous laws that have been passed in an effort to protect homeowners and force banks to produce certain documents related to the homeowner's mortgage, including the Real Estate Settlement Procedures Act ...
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  • Foreclosure Defense - Part 2 - The Motion to Dismiss

    || 14-Oct-2011

    In a foreclosure case, a motion to dismiss may be a tool to combat against foreclosure depending on a homeowner's situation. When a homeowner facing foreclosure comes to our office, we analyze each homeowner's unique situation to determine whether this is a potential tool to combat a foreclosure action. However, an attorney's options may be severely limited if a homeowner has ...
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  • Foreclosure Defense- Part 1 - The Answer

    || 11-Oct-2011

    There are numerous reasons why homeowners may find themselves facing foreclosure, especially in today's economic times. Loss of a job, an illness, or other unexpected expenses can sometimes lead homeowners to find themselves behind in their mortgage payments. As a homeowner potentially facing foreclosure, you may receive numerous letters and other notices from your bank. Once a homeowner falls ...
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