Foreclosure Attorneys
The Law Offices of Kaufman, Englett and Lynd, PLLC (KEL Attorneys) is a widely recognized Law Firm that focuses on Foreclosure Litigation and is licensed to practice in Florida, Georgia, North Carolina, Oklahoma, Pennsylvania, Massachusetts, Texas, Illinois, Michigan, Maryland, New York, Montana, Washington, Tennessee, Connecticut and Ohio.
NON-JUDICIAL RESIDENTIAL FORECLOSURE
Your state has adopted what is referred to as non-judicial foreclosure. Your lender doesn't have to file a foreclosure action in the court in order to sell your home at a foreclosure sale. Non-judicial foreclosure states only require a lender to provide you with notice and some states require that a trustee be appointed to oversee the foreclosure process. In every foreclosure case, there are several claims the homeowner can assert against the lender.
These claims usually have something to do with the conduct of your loan officer, items not properly disclosed and regulatory requirements that the lender has not complied with. Our firm will conduct an in depth analysis of your case and assert all relevant claims to fight your foreclosure. Asserting those claims are often times necessary in order to achieve the desired result in your case.
In a non-judicial state there are two possible ways to assert your claims against the lender and fight your foreclosure. The first is to file a lawsuit as the Plaintiff against the lender (the Defendant) asserting all relevant claims and requesting the court for injunctive relief. Injunctive relief means the court would prevent the lender from proceeding with the foreclosure until all of your claims against the lender have been heard and ruled on by the court. It usually takes several months to fully litigate a foreclosure case.
If the court denies our request for injunctive relief, the second course of action is to assert your claims as defenses after the foreclosure sale when the lender attempts to evict you from the premises. This has become a very common way of fighting a foreclosure in non-judicial states. The lender will be required to file some type of legal action to evict you from the premises. This action may be referred to as a writ of possession, unlawful detainer, eviction or something else depending upon the state your property is located in. Once you are served with this action we will file all claims against the lender and contest the validity of the foreclosure. It usually takes several months to fully litigate the merits of a foreclosure under this course of action as well.
Call or email us today to speak with an attorney in detail about how you may be able to litigate your foreclosure and prevent the bank from taking your home in a foreclosure action.
"My sale date was set for March 3, 2009. I never responded to any foreclosure papers because I thought if I didn't pay my mortgage
there was nothing I could do. I met with KEL on February 11, 2009 and two weeks later my sale date was cancelled and my case was dismissed.
KEL did exactly what they said they would do. Thanks Guys. You're the best!"
—Arthur K.
Possible Resolutions May Include:
- Loan modification which will reduce your monthy Mortgage Payment
- Determine if you qualify for H.A.M.P. Program (also known as the "Obama Program.")
- Interest Rate Reduction
- Principal Reduction
- Short Sale
- Deed in Lieu of Foreclosure
Banks should not be able to sweep the abuses that have occurred over the past decade under the rug by taking your home without the ability to be heard. Most of the lender abuse occurred in the states hardest hit by foreclosure. Those states are California, Nevada, Arizona and Florida. In all these states except Florida, lenders are doing just that. They should not be able to get away with it and KEL Attorneys is going to everything within its power to stop it.
Call or email us today to speak with an attorney in detail about how you may be able to litigate your foreclosure and prevent the bank from taking your home in a foreclosure action.
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Tips to Stop Your Foreclosure
- Use a licensed Attorney - One that has years of foreclosure experience in dealing with the banks and their attorneys. A good foreclosure attorney should know what the bank is going to do before it even does it.
- Loan modification companies - Do not hire a loan modification company to represent you. It could mean the difference between keeping your home or losing it.
- Do something about it - 98% of Americans just do nothing and end up losing their home because they did not know what to do or waited too long and now it is too late. This problem will not go away after the bank takes your home. After the bank determines its loss on your property, it will file a lawsuit to recover that money from you. Remember, "The worse thing you can do is nothing!"
- Common misconception is that attorneys cost too much. That is not true at KEL Attorney's. We want to help you and we can work out a payment plan to fit your budget.