Akron Foreclosure Defense

Being threatened with foreclosure and losing your home is a frightening and stressful experience. If you’re facing foreclosure because you fell behind on your mortgage payments, you may worry that you have no defense. However, certain legal defenses may be available to you — legal defenses that an experienced attorney can help you explore.

At Amourgis & Associates, Attorneys at Law, our foreclosure defense attorneys are ready to help. We fight for regular people facing financial trouble who need a helping hand during a difficult time. 

If you are facing foreclosure, don’t wait to get the legal assistance you need and deserve. Reach out to Amourgis & Associates, Attorneys at Law for a free, no-obligation consultation with an experienced and compassionate Akron foreclosure defense lawyer. 

What Is a Foreclosure Defense?

Foreclosure defense is presenting arguments that a lender does not have the right to foreclose on a homeowner’s property. In recent years, federal and state governments have passed multiple laws governing mortgage agreements and the foreclosure process to provide additional legal protections for homeowners. 

Possible defenses to a foreclosure action include the following:

• There was a mistake that may affect whether the mortgage can be enforced.
• The homeowner may argue that fraud occurred if they were convinced to sign a mortgage document through deceit or misrepresentation.
• The statute of limitations has already run out.
• The lender can’t prove their ownership of the loan.
• The required procedures to file foreclosure weren’t followed.

Mortgage agreements can be confusing, and lenders may try to take advantage of that. An experienced foreclosure defense attorney can review the circumstances of your case and determine if any of these or other defenses are applicable.

What Is the Foreclosure Defense Process?

The foreclosure defense process begins when a lender files a foreclosure lawsuit against a homeowner who defaulted on their mortgage. The homeowner may raise a foreclosure defense by filing an answer to the foreclosure complaint. Depending on the defense, the court may require the homeowner to file the defense as a counterclaim, which means the homeowner makes a legal claim against the lender. 

At this point, the lender is permitted to attack a homeowner’s counterclaim by filing a motion to dismiss. If the court denies the motion, the homeowner will be allowed to try to prove the counterclaim during the foreclosure proceeding.

Ultimately, the court will issue a judgment in favor of one party or the other. If the court rules in favor of the lender, the court will give a judgment of foreclosure. However, the court might rule in favor of the homeowner, finding no right to foreclose and dismissing the foreclosure proceedings. The court could also find that the homeowner’s counterclaims entitle them to monetary compensation.

What Happens If the Foreclosure Is Dismissed?

What happens after the lender’s foreclosure case is dismissed depends on the reasons for the dismissal. For example, if the lender didn’t follow the required procedures, they may be entitled to restart at the beginning of the foreclosure process and try again. If a foreclosure action is dismissed because the lender did not show enough evidence, such as not having the original note or mortgage, the lender may try to locate additional documents that prove their right to foreclose. Depending on the reasons for the dismissal, the lender could also run out of time to refile their foreclosure complaint. 

However, if the court has dismissed a foreclosure action because it ruled that the mortgage was invalid or unenforceable, the lender may lack legal recourse against the property.   The lender may walk away from the loan, or may appeal the court’s judgment to a higher court.  

What Is the Statute of Limitations for Mortgage Foreclosure?

The Ohio statutes of limitations that apply to mortgages are complicated.  There are actually two parts to a home loan – a mortgage and a note, and in Ohio two different statutes of limitations apply to each part (Ohio Revised Code §1303.16 and §2305.04).  In some instances, though, if a lender does not act timely to collect on their home loan, the lender may be barred from filing a foreclosure.  But determining when each statute of limitations applies is difficult.  The Akron foreclosure defense lawyers of Amourgis & Associates, Attorneys at Law can review the details of your case to determine if you may be able to use either statute of limitations as a defense. 

Talk to Our Experienced Foreclosure Defense Attorneys in Akron, OH Today

You need to act quickly to protect your home and future when you receive a foreclosure notice. Contact Amourgis & Associates, Attorneys at Law today for a free initial case evaluation and learn more about how our experienced foreclosure defense attorneys can advocate on your behalf throughout the foreclosure process.