Can You Fight a Philadelphia Home Foreclosure?
Many Americans are still dealing with unstable work conditions as the COVID-19 pandemic continues to keep many businesses closed. Not surprisingly, these people are falling behind on all their bills, including a home mortgage. It’s estimated that over 8% of homeowners fell behind in their mortgage payments during the second quarter of 2020. Banks are not necessarily forgiving, which means a foreclosure notice will be forthcoming. Don’t make the mistake of assuming there is nothing you can do, though. A Philadelphia foreclosure defense lawyer can help you fight to keep your home.
At CONSUMERLAWPA.com, we routinely help clients just like you who are facing foreclosure and want to keep their homes. Depending on your circumstances, there could be several different defenses available.
Before foreclosing on your home, the mortgage company must determine whether you qualify for a loan modification. They must provide you with loan modification options in writing or advise you on any other options that might be available that let you keep your home. If you already started an application for a loan modification, they cannot begin the foreclosure process. If it’s already started, they must stop the foreclosure while your loan modification application is pending.
Possible Defenses to Foreclosure
Your attorney will argue whatever the best foreclosure defenses are that apply to your situation. Some of the more common foreclosure defenses we use include:
- The lender made mistakes with the mortgage itself or the foreclosure hearing;
- The mortgage company violated either Pennsylvania or US law;
- The mortgage company has a lack of standing;
- The mortgage company did not provide proper notice;
- The mortgage company did not properly serve you; or
- The Servicemembers Civil Relief Act (SCRA) applies.
One of the more successful defenses is that the mortgage company made a material mistake with the mortgage itself. Mortgages are sold off and transferred between lending institutions all the time. Errors are not uncommon. Some of their mistakes usually involve notice and timing. Simple errors, like a misspelling, won’t help your case, but larger ones could.
Consumers are protected by numerous federal and state laws, such as the Truth in Lending Act (TILA). If the lender didn’t meet the standards outlined in these guidelines or under state law, your defense could be successful.
Under the Servicemembers Civil Relief Act (SCRA), eligible service members can request a say to halt any foreclosure proceedings if they can prove they are on active duty.
How a Philadelphia Foreclosure Defense Lawyer Can Help
The right attorney can play an essential role in your foreclosure defense. They can provide you with options, represent you at hearings, help you pursue a loan modification, assist with a bankruptcy filing, and more. When it comes time to present applicable defenses, you need an attorney who isn’t afraid to stand up to the mortgage company’s attorneys. There are dozens of strategies that our quick-thinking legal team can assert.
Please don’t attempt to handle a mortgage foreclosure on your own; let us help. To learn more about possible mortgage defenses that could apply to your situation, contact Louis S. Schwartz at CONSUMERLAWPA.com to schedule an initial consultation.