Foreclosure Defense Lawyers in Ohio
Ohio Foreclosure Defense Lawyer
Falling behind on your mortgage payments can be an unsettling experience for any family. You may be getting threatening letters and phone calls from the bank. You may be convinced you that you and your family are going to lose your home.
Perhaps you simply can’t afford your mortgage and have fallen behind on your payments. However, you still have options to avoid or stop foreclosure and keep your home.
Contact Amourgis & Associates, Attorneys at Law today. You can speak with one of our Ohio foreclosure defense lawyers about your case. We can discuss your legal rights and options under Ohio foreclosure law in a free, confidential consultation.
What to Do When Notified of a Foreclosure Lawsuit
You may have received notice from the bank or their mortgage servicer that they intend to file a foreclosure lawsuit against you. Now is the time to take immediate action. These steps can help protect your rights:
- The bank or mortgage servicer will first send a notice of intent to foreclose. To stop the foreclosure process, pay off your late payments and other amounts due. You can also apply for a loan modification.
- If you fail to respond to the notice of foreclosure, the bank or mortgage servicer will eventually file a foreclosure lawsuit. You only have a short time to file a response in court. If you fail to respond to the suit in time, the court will deem the matter uncontested and grant judgment to the bank.
- Speak immediately to an attorney if you receive a notice of intent to foreclose or a foreclosure complaint. You may only have days to take action to assert your rights. An attorney can help you delay the foreclosure or keep your home.
Common Defenses to Foreclosure
When you and your family face losing your home due to foreclosure, a lawyer can help. At Amourgis & Associates, Attorneys at Law, our foreclosure defense attorneys might be able to assert one or more legal or procedural defenses to your foreclosure proceeding. An attorney might find these defenses:
- A defective notice of foreclosure, including improper timing under state law, a failure to indicate the amount that is owed, or improper information about how you can cure default.
- The bank failed to screen you for a loan modification or did not present other options that would let you keep your home.
- The foreclosure proceeding was not stayed while the bank considers your loan modification application.
- You did not get to exercise your right of redemption by paying your mortgage balance.
- The foreclosure complaint was improperly served.
- There was not standing to file a foreclosure action because the plaintiff did not possess the original note or lacked a valid assignment of the mortgage.
Depending on the facts of your case, you may have other factual and legal defenses to assert in your foreclosure process in Ohio. For instance, there may be an issue with the mortgage payments because the bank or mortgage servicer failed to credit your account. An attorney can help you explore which defenses might be available in your case.
How a Foreclosure Defense Lawyer Can Help You
If you are facing foreclosure or have already received notice of foreclosure or a foreclosure complaint, speak immediately with a foreclosure defense lawyer from Amourgis & Associates, Attorneys at Law. An attorney from our firm may be able to help you and your family by:
- Helping you explore options to delay foreclosure and get your mortgage payments under control. Those options include a loan modification, refinancing or bankruptcy.
- Negotiating on your behalf to try to resolve your mortgage default. An attorney may be able to help you obtain a loan modification with more affordable mortgage payments. An attorney may also help you get a forbearance agreement or a short sale that will allow you to resolve your mortgage obligations.
- Reviewing the notices of intent to foreclosure and foreclosure complaints that you receive. An attorney can ensure the bank complied with your statutory rights.
- Defending your rights and interests in court. An attorney can assert procedural, factual or legal defenses you may have to the foreclosure proceeding.
Frequently Asked Questions
Yes. When you file for bankruptcy, the court imposes a “stay” on all collection efforts by your creditors. This stay includes the bank that holds the mortgage on your home.
Creditors must cease efforts to collect mortgage payments. They may not file for foreclosure or continue to pursue a foreclosure action while the bankruptcy stay is in place. With the right bankruptcy filing, you can completely stop the foreclosure by restructuring your debts and getting current on your mortgage payments.
Refinancing allows you to obtain a new loan to pay off your existing mortgage, including the delinquent amount. In that way, refinancing will stop your foreclosure. However, obtaining a refinancing while your Ohio home is under foreclosure can prove difficult. A bank may not want to take a chance on you when you have been unable to make your current mortgage payments. If one of our attorneys thinks a refinancing agreement is right for you, we can negotiate for one on your behalf.
A loan modification may help you avoid foreclosure on your home. Under a loan modification, the bank agrees to restructure your mortgage and lower the payments to an amount you can afford.
A mortgage short sale is the sale of your home for less than the outstanding mortgage balance. The bank agrees to accept the proceeds of the short sale and waive the remaining balance on your mortgage. You are then released from the mortgage obligation. A short sale is typically done when the bank believes it would suffer an even bigger loss if the home was sold in a foreclosure auction.
The length of a foreclosure process will depend on several factors, including how diligent the bank is in pursuing the foreclosure and whether the process is delayed while you pursue a loan modification or bankruptcy. The average foreclosure lasts approximately 18 months from start to finish.
Talk to an Ohio Foreclosure Defense Lawyer Now
When you and your family fall behind on your mortgage payments, you may be threatened with foreclosure. You need to act quickly to assert your rights and potentially protect your ability to remain in your home. Now is the time to schedule a free, confidential, no-obligation consultation with an Ohio foreclosure defense attorney at Amourgis & Associates, Attorneys at Law.
We can advise you of your options when facing foreclosure, and we can aggressively defend your rights. Our foreclosure attorneys in Ohio may be able to protect your financial interests. We may be able to help you keep your home.
Our firm has six conveniently located offices throughout Ohio. Schedule a visit today to see one our attorneys in Akron, Cincinnati, Independence (Cleveland), Columbus, Beavercreek or Canfield.