Owning a home is a goal we all have, so to achieve homeownership is a big milestone. As a financial commitment, home ownership can be challenging, especially as your financial situation changes. Illness, job termination or layoffs, unexpected bills, and other financial strains can make it difficult to keep up with mortgage payments. If you find yourself struggling to stay afloat, threats for foreclosure can feel like the end of everything you’ve worked hard for. Don’t give up—you still have options. If you’ve been notified of foreclosure proceedings against you or you’re struggling to stay ahead of that looming threat, here’s five things you need to know.
Review Mortgage Documents
Before you panic, carefully review your mortgage documents. Look for clauses specifying the procedures your lender must follow to execute foreclosure. If they have not followed the proper guidelines, it does not invalidate their claim, but this can buy you time to build your foreclosure defense.
Beyond just reviewing your mortgage documents yourself, you should also have a foreclosure defense attorney in Delray Beach review it as well. Their knowledge of foreclosure law can be useful in determining your next steps and helping you take advantage of any loopholes that may exist.
Review the Legality of the Foreclosure
As previously mentioned, a foreclosure defense attorney can use their legal knowledge to your advantage. Mortgage lenders must follow certain procedures which may include providing proper notice of default and opportunities for debt settlement. If it is determined that your home mortgage provider did not follow these laws, it can help to reverse their attempts to foreclose on your home. Again, this does not eliminate your troubles, but it will provide a bit more time to find a solution.
Contact Your Lender
Most mortgage companies don’t actually want to waste the time and resources on going through the courts to foreclose on a home. It is more cost effective for them to keep a current resident in place than to try to find a new home buyer. Even if you have defaulted on your loan, if you contact your lender you may be able to come to an agreement in regards to settling your debt and keeping your home. A foreclosure defense attorney in Delray Beach may also come in handy here as well. Lawyer involvement forces your mortgage lender to play fair and work with you in order to avoid heading to courts.
It is also in your best interest to try and settle monetary disputes with your lender outside of the courtroom. Going to court only accrues further debts as you will be responsible for costs and fees. Before you get to that point, try to examine your finances and determine what you can do to get back into the green. Look for areas where you can potentially lower or eliminate your bills so allow for more breathing room.
As you examine your finances, you may also want to consider if bankruptcy is the best option for you. Filing bankruptcy can put a hold on foreclosure proceedings and stop debt harassment in Delray Beach. Depending on your specific situation, you may file either Chapter 7 or Chapter 13 bankruptcy in order to reconstruct your financial situation. Be forewarned, though: bankruptcy filings will remain on your credit history for 10 years and may require you to completely rebuild your credit. It may also require you to liquidate your assets and ultimately your lenders and creditors can dispute your filing.
If you have exhausted all of your options, going to court to appeal a foreclosure may be your final option. If it is, having an experienced foreclosure defense attorney in Delray Beach working on your behalf can help you save your home. With the law office of John E. Mufson, you can take advantage of over two decades of foreclosure and bankruptcy law experience. We help you to understand all your options so you can make an educated decision for your future. We are dedicated to getting you the best possible outcome no matter what direction you choose to take.
Contact us today to begin exploring your foreclosure defense options.