FAQ’s

You have the right to stay in your home! There may be certain documents that the bank does not have, which may invalidate a foreclosure case.

There are also certain signatures, or endorsements, that must also appear correctly on the loan documents and the bank must prove that they in fact had certain original documents.

A typical foreclosure defense attacks the bank’s standing to bring the foreclosure action in the first place. There may actually be many defenses to a foreclosure case, and this is where a trained legal eye can really help.

This depends upon how aggressively you fight the foreclosure case. If you do not fight the foreclosure action, you can be removed from your home in a matter of weeks or months.

However, when I fight the banks, it can give my clients the security and time to get back on their feet. A foreclosure case can take years to resolve and during the litigation, my clients often live in the home while the case moves along, or as we try to find an alternative to foreclosure.

No. There may be ways to save your home before the bank sets the foreclosure sale date. Loan modification is a great way to stop a foreclosure and keep your home.

Our loan modification department will work directly with your lender to try to save your home. However, if you wait too long the bank will have the property sold at auction, and you will then have to leave your home permanently.

This is why it is very important to speak with me as soon as possible.

The “cash for keys” program is a program offered by most lenders where the bank will pay certain expenses associated with moving from the property, and pay for certain appliances or other upgrades to the home. This amount varies, in every case, but usually is enough to cover basic moving expenses.

I am often called on to negotiate an amount to be paid to my clients from the bank, if my clients are ready to give up possession of the home, either as part of the foreclosure or as part of a short sale. This cash-for-keys money, often as much as $10,000, can really help my clients get back on their feet.

As long as you are represented by an attorney, the bank can’t just remove you from the home without significant advance warning.

Typically, the bank cannot remove you from your home until after the foreclosure sale. However, I have seen the banks change the locks on the home during the foreclosure process. This is something that I will not tolerate.

I try to provide my clients with as much warning as possible before the end of the foreclosure process. This way, my clients can have the peace of mind of knowing that someone is not going to just show up and kick them out, without us knowing about it far in advance.

Often, there are ways to restore your credit and good standing with the bank during the foreclosure process, and save the home. My clients have many legal options.

You have the right to stay in your home! There may be certain documents that the bank does not have, which may invalidate a foreclosure case.

There are also certain signatures, or endorsements, that must also appear correctly on the loan documents and the bank must prove that they in fact had certain original documents.

A typical foreclosure defense attacks the bank’s standing to bring the foreclosure action in the first place.

There may actually be many defenses to a foreclosure case, and this is where a trained legal eye can really help.

Yes. Your home is yours, and you are the title owner to the property until after the foreclosure sale. Therefore, you can rent out your home during the litigation. I have been in court many times related to this issue, and the Court will tell the tenant that he or she must pay the rent, even if the property is in foreclosure, as the foreclosure action will not relieve the tenant of their obligation to pay rent.

Renting your home can be an excellent way to recoup some of your losses, but there are some very specific provisions and considerations related to renting your home that we should discuss.

There are times when you can negotiate with your lender to lower the amount you owe. This is often referred to as a “short-pay”. This can be done with the first mortgage lender, or any second mortgage lenders or other lienholders.

Typically, a financial packet of information needs to be submitted to the lender with the offer, and the lenders usually want to see proof of funds before they will negotiate. Negotiation can be useful in certain situations, depending upon the financial situation of the homeowner.

Foreclosure Lawyer Andrew Lyons can stop foreclosure and help save your home. Any time you are considering selling, buying, or letting a property get foreclosed upon, there are specific legal considerations that must be factored into any decision as it relates to real property.“

There may be serious monetary consequences to a wrong or hasty decision, especially related to foreclosures. This is because the lender could take a money judgment against you as part of a foreclosure.

Consulting a real estate attorney, who knows how to defend foreclosure actions, is an essential part of any foreclosure defense strategy. Stop foreclosure and get help with your mortgage today.