Foreclosure: If you have been served with a foreclosure complaint, remember to bring a copy of the complaint. you were generally served with several copies.
After you are served with a foreclosure complaint, there is no need to panic. You need to see an attorney who will explain your legal rights and options to you. The Berlinsky Law Firm, PA, we has knowledge and experience to review the papers delivered to you and determine the options available to you. The options available to you include:
1. Moving out of the house immediately and renting a place to live. This is generally a mistake since one of your options is to live in the house for free until ordered to leave by a judge. Uncontested foreclosures can result in a judgment in 60 to 90 days.
2. You can represent yourself. Generally when people represent themselves they write a letter to the court explaining what happened to them. Unfortunately the events that occurred to them are not legally sufficient to prevent or even delay a foreclosure action.
3. You can hire a foreclosure defense attorney to challenge the validity of the foreclosure action, the standing of the party suing you (who often you never heard of), take advantage of rights you have under Federal Truth in Lending Laws, the Federal Fair Debt Collection Practices Act. An attorney can conduct discovery to determine if the foreclosure complaint accurately represents all amounts "actually and legally" due from you. The Berlinsky Law Firm PA has defended foreclosure actions which resulted in the cases being delayed while our clients negotiated a mortgage modification, we have asserted legal affirmative defenses to mortgage foreclosures where the case has gone to summary judgment and as a result of our representation the summary judgment was denied required the case to go to trial. One of our cases which was brought by Deutsche Bank National Trust Company was filed on 4/19/2006, went to trial on July 15, 2009 and after review of legal memorandums from all attorneys did not result in a judgment until 11/24/2009. This case was pending, on appeal for a year. The appellate court ruled against our clients however, they did get to stay in the home during the Four and 1/2 years the case was before the courts. This case is very unique and similar results should not be expected.
4. You can seek protection under the bankruptcy laws of the United States.
5. The truth is that nobody can waive a magic wand and solve your problem. You need to not panic and not look for quick fix programs. Remember the old adage "Buyer Beware". Unfortunately when facing foreclosure the vultures start to circle around you and your home. You need to seek out professional advice from a foreclosure defense attorney, a good realtor, or perhaps your CPA.
6. In most cases a foreclosure defense will not avoid liability you may have to repay your mortgage, however generally by asserting your rights and forcing your lender to prove their case, this results in property owners staying in their homes for an extended period of time.
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863-409-7961 ---- 407-970-4846 ---- 866-501-0190