i have court date my bank wont modify laon what ca i do to save my house without the money bank is asking I paid a mortgage wi

bank and they were not able to get loan modify bank is not bugging help - Is this your question? Add additional information
Answer this question Add to list

Answers (1)

Margery Ellen Golant

Margery Ellen Golant

Contributor Level 8
You need an experienced foreclosure defense attorney and FAST. On the court date, unless you have properly raised legally cognizable defenses, the court will grant the Plaintiff summary judgment, and it will be all over. A sale date will be set and it will become someone else's house and you will be evicted.

Only an attorney who really understands this area of law can provide an meaningful assistance. A number of our foreclosure defense clients are attorneys themselves, but recognize that this is not an area of law where they are sufficiently fluent to do the best job of defense. I will never understand why people think they can take on the financial services industry without a knowledgable attorney - even then it is an uphill battle. Without one it is generally impossible. Of course it is difficult to decide to pay an attorney when you are in the midst of financial difficulties, and most people in foreclosure are there because they are having financial difficulties. However, since your lender will refuse to accept your mortgage payments while you are in foreclosure, you do currently have no housing payment, which should provide a basis to hire an attorney. If you are indigent, there is probably a legal aid agency in your county who may be able to represent you.

The process of mortgage defense litigation entails looking for issues, claims and defenses which may be utilized to interfere with an action of foreclosure or to bring counterclaims against the Plaintiff or other parties on that side of the loan (the originator, the servicer, prior holder, prior servicers, etc.). Each case has unique facts and issues .

A step by step analysis of your particular facts and situation would be necessary to formulate an appropriate defense strategy, There is no "one size fits all" way to approach this problem. Whenver we sit down with a new client, we almost always find useful defensive issues that borrowers had no idea even existed as to their particular loan transaction.
0 0
Back to Search Results

Ask a Question

Get free answers from real lawyers.

Top Foreclosure Contributors

1.
Royce Brent Bishop
Contributor Level 5
7 answers, 0 legal guides
1.
David Michael Goldman
Contributor Level 7
8 answers, 0 legal guides
3.
Margery Ellen Golant
Contributor Level 8
5 answers, 0 legal guides
View all Foreclosure Lawyers on the Contribution Leaderboard