DuPage County Foreclosure Defense Lawyer
Helping Fight a Foreclosure Action
Unfortunately, some of us may fall on difficult times at some point. Whether it’s the loss of a job or emergency family issues, these challenges can create financial hardships, making it tough to stay on top of debts. Falling behind on mortgage payments might result in your lender initiating a foreclosure action to take your house from you. If you risk losing your home, reach out to a DuPage County foreclosure defense lawyer. Options might be available to stall or stop the foreclosure action.
Attorney Joseph P. Doyle can provide the guidance you need to work toward keeping your home. We thoroughly understand bankruptcy and consumer law. We also recognize that the foreclosure process can be challenging. That is why we provide personalized and professional legal services every step of the way. Our DuPage County foreclosure defense attorney will fully review your financial situation and listen to your needs and goals. From there, we’ll develop an individualized strategy for your circumstances. We’ll discuss avenues available to you, such as negotiating with lenders or filing for bankruptcy and will handle the legal details of your case.
To schedule a free consultation with our foreclosure defense lawyer in DuPage County, please call us at (312) 957-8077or contact us online today.
Fighting to Keep Your Home
When a lender initiates a foreclosure action, the matter must go before a judge. You can defend yourself in court before the lender attempts to take your home to delay or stop the action. You must get started on your case as soon as possible. Determining what defenses to raise and building arguments against the lender requires a complete review and analysis of relevant documents and reports.
The following are potential avenues for fighting a foreclosure action.
Loan Modification
Your attorney may be able to negotiate with your lender to seek to change the terms of your home loan. Modifying your mortgage could:
- Reduce the interest rate or your monthly payment,
- Eliminate fees, or
- Extend or delay the time you have to pay your mortgage.
Changes to your loan may make your payments more affordable, allowing you to get caught up.
No Standing
The lender that brings a foreclosure action must be legally entitled to do so. That means it must own your loan. In some cases, various lenders buy and sell mortgages, and records of the purchases and sales might not be current. Your lender might think it has the right to file a lawsuit to recover your home, but the paper trail may suggest otherwise. If your lender can’t prove it owns your loan, the court could dismiss the foreclosure action.
Lender Error
Lenders are not infallible. Just because yours might have calculated certain payment amounts or accepted funds you sent doesn’t mean everything was done right. For example, a mistake on initial loan documents could have made it seem like you owed more than you did, or the lender might have credited a different account for payments you made. The lender might also have charged you excessive or improper fees.
Correct Procedures Not Followed
To lawfully initiate a foreclosure action, your lender must adhere to Illinois' procedures. If, for example, it did not serve you with a notice of default or include accurate information on the documents, the court might dismiss the case and have the lender start over. While your lender fixes the errors, you and your lawyer have time to determine next steps.
Initiating the Bankruptcy Process
To stall the foreclosure action, you can start the bankruptcy process. After submitting your petition, an automatic stay goes into effect. The automatic stay prevents your creditors, including those holding your mortgage, from taking any kind of action against you. Thus, your lender would not be able to initiate a foreclosure lawsuit or move forward with one already filed. Although filing for bankruptcy won’t necessarily stop the foreclosure, it does delay it, giving you and your attorney time to develop a more long-term financial plan.
Filing for Chapter 7 or Chapter 13 Bankruptcy
Filing for Chapter 7 bankruptcy allows you to discharge debts, such as credit cards, medical bills, and personal loans. It can delay the foreclosure process.
With a Chapter 13 bankruptcy, the foreclosure may be stopped altogether. This option allows you to develop a repayment plan that you adhere to for 3 to 5 years. If your finances allow, you would be able to make current mortgage payments as scheduled.
Contact Our Firm for a Free Consultation
Being faced with foreclosure can be scary and stressful. But options may be available to fight the action. Attorney Joseph P. Doyle is here to help. We will deliver compassionate counsel as we pursue solutions for your situation.
To speak with our DuPage County foreclosure defense lawyer, reach out to us by calling (312) 957-8077.
