Being threatened with foreclosure is frightening, and you may be unsure of what your next move should be. Will you lose your house? Where will you move your family to? These questions and more can cause families significant emotional and financial distress when faced with foreclosure.
Fortunately, you do have legal options available to you if you are dealing with the potential foreclosure of your home. In the past, defending against foreclosure didn’t happen often. However, in recent years, more and more homeowners are finding themselves being able to successfully stop a foreclosure with the help of an experienced attorney.
Potential Defenses to Foreclosure
1. The Bank Attempting to Foreclose On Your Home Does Not Have the Legal Right to Do So
Banks often sell mortgages to other lenders, and it’s not uncommon for a mortgage to be sold two, three, or more times. Each time the mortgage is sold, proper paperwork must be filled out and filed. If the bank has not followed procedure when selling a mortgage to another lender, the lender that is attempting to foreclose on your home may not even legally own the mortgage.
2. The Bank Attempting to Foreclose On Your Home Did Not Follow Proper Procedure In Notifying You of the Foreclosure
In the state of Pennsylvania and New Jersey, banks and other mortgage lenders must properly notify a homeowner of default, as well as the intent to foreclose. If your bank has failed to follow proper foreclosure procedure according to state statutes, you may have a strong foreclosure defense.
3. You Are an Active Duty Service Member
If you are a military servicemember and are on active duty, the Servicemembers Civil Relief Act (SCRA) may offer you certain protections against foreclosure. If your mortgage was taken out before you were on active duty, your foreclosure must take place in court. If your mortgage was taken out while you were on active duty, the foreclosure may be able to be postponed if you request the court to do so in writing.
Contact the Aitken Law Firm Today
You don’t have to face the frightening prospect of foreclosure alone. At the Aitken Law Firm, we have the skills and resources to provide you with comprehensive foreclosure defense. We will fight tirelessly for you to keep your home, and will explore every legal option that is available to you. We will always let you know where you stand with your case, and you can contact us at any time with questions or concerns.
It is absolutely critical that you don’t wait to contact us. If your mortgage lender has threatened you with foreclosure, it is important that you act quickly in order to protect your rights under Pennsylvania and New Jersey law. Call today at (610) 446-0690 to discuss your legal needs.