How to Defend Your Property against Foreclosures?

• 10 Jul 2019
• Foreclosure Lawyer

Buying your dream home is one of the biggest milestones for any person but there are many people who end up with a foreclosure notice while trying to accomplish their dream. Getting a foreclosure notice is the last thing which anyone would expect while trying to pursue his dream of owning a house.

Foreclosure is a legal process through which the borrower takes away the rights of redemption of the mortgage property from the borrower with the help of a court order. This court order is known as the foreclosure order and it is a nightmare for any person as it puts them at the risk of losing their home. In the foreclosure process, a particular date is set by the court before which the lender has to pay the whole loan balance to the lender and then redeem the assets or estate.

But if you are not able to pay your mortgage fee and facing a foreclosure then the worst thing to do in such a situation is ignorance. There are many people who think that they can delay the process of foreclosure by ignoring it but that’s not true as ignorance will increase the burden the situation will become much more complicated for you.

Grounds of inadequate notice

One of the best ways to defend yourself against foreclosure is to look for improper foreclosure under the state law. Improper foreclosure can be used at defense in many situations but one of the best ways to do it is on ground of inadequate notice. There are many states that require the lender to issue a proper notice to the borrower prior to the foreclosure and if you haven’t received any type of notice then you can use it at your defense on the ground of inadequate notice and then it the foreclosure filed by the lender will become improper under the state law.

Unconscionable Terms in the Agreement

Another good way to avoid foreclosure is by convincing the judge that terms mentioned in the agreement and the circumstances surrounding the formation of the agreement are unconscionable. But for such an approach, you will need a bit more than one-sided deal and a bit of unfairness as well. In order to be approved, the agreement must be grossly unfair and that’s the only way to prevent foreclosure by proving unconscionable terms in the agreement.

You are on active duty

You should know that you can avoid foreclosure directly if you were on active duty. Under the Servicemen Civil Relief Act, all the servicemen who were on active duty can avoid foreclosure under special circumstances. If it will not completely prevent foreclosure, then it will at least give you time till you are on active duty so that you can catch up with your payment and then wipe out the risk of foreclosure forever.

Hire a foreclosure defense lawyer

If you don’t have any idea of how to defend yourself from the foreclosure and avoid losing your home then you should hire a foreclosure defense lawyer. There are many circumstances under which your lawyer can defend your case of foreclosure and it doesn’t matter how much you learn about foreclosure, you cannot become an expert at it overnight. With the help of a lawyer, you can successfully avoid foreclosure through the legal process and save yourself from any unwanted situation.

There are many expert foreclosure defense lawyers at Radow law group and you can choose the best one according to your need and requirement. The expert lawyers at Radow law group are well-versed in dealing with cases of foreclosure and they can help you at each step of avoiding foreclosure without ignoring it.