How to Fight Foreclosure

Facing Foreclosure? LawInfo Can Help!

Foreclosure can be a challenging and stressful process.  In addition to finding helpful information on LawInfo, you can also search for a qualified Foreclosure Attorney.

You might be surprised to know that you might able to challenge the foreclosure. It can potentially delay the process, or in some cases be stopped completely. If any of the following circumstances apply, contact an experienced Foreclosure Attorney to learn more about your options.

You may be able to challenge a foreclosure if there have been:

• Mistakes by the Mortgage Service Company– it is not uncommon, nor unheard of, for mortgage companies to make mistakes when applying payments. Make sure you go over records and receipts carefully, to ensure that all of your payments have been accounted for. For example, if the payments that you were sending in were applied to an incorrect account, you may be able to challenge the foreclosure on those grounds.
• Unfair Lending Practices– This is usually used to challenge a foreclosure when the lender does not disclose to you in writing, all of the material terms of the mortgage. This includes the annual percentage rate, finance charge and the total financed amount on the payment schedule. This disclsoure must be in writing. If you did not get this disclosure, you may be able to raise this challenge.
• Confusing Terms– Elderly homeowners and other vulnerable populations that may be taken advantage of may be able to raise equitable challenges to foreclosure. This type of argument applies if you were a victim of a predatory lending practice, due to your age and inability to understand the terms of the mortgage. Some predatory lenders will purposely target senior citizen for loans that have unrealistic terms, relying on the fact that the person will not understand them, and will then seek to foreclose on them when they cannot meet the terms.
• Military Service– due to the nature of service, i.e. prolonged periods away from home, many states have passed laws granting longer time protections against foreclosures for service members. A foreclosure can generally be stayed until an active military member returns home from an overseas deployment.

Posts on the LawInfo Weblog are meant solely for informative purposes and address general matters. Content on this weblog does not constitute legal advice, and should not be relied on as such. Legal matters depend on the relevant laws of your state and facts of your situation. Contact an experienced attorney for legal advice regarding your case.