You’ve been served a notice and foreclosure is impending. You feel helpless and want to save your home. There is something you can do. Foreclosure defense involves fighting back against a lender who is trying to foreclose to either stall the foreclosure process or stop it altogether.
A foreclosure defense lawyer can slow the foreclosure process by forcing lenders to prove their case. There are issues that may prevent the lender’s right to foreclose, such as whether the lender can prove they actually own the mortgage and they should have the documents to prove it.
Does the lender have legal standing to file a foreclosure lawsuit? Lenders must produce evidence of a proper transfer between each of the entities that owned the mortgage when the mortgage was sold.
Another approach to foreclosure defense is exposing deficiencies in the process, such as failure to produce the note or “robo-signing” of documents. These kind of mortgage lending errors can allow homeowners to live in their homes for months or even years without making mortgage payments.
These are just a few tactics a certified Montana foreclosure defense attorney can use to slow down or completely stop the foreclosure process. Shoddy record keeping by mortgage lenders only makes foreclosure defense easier. Hiring an expert lawyer to assist with the foreclosure defense means that disputes will be resolved by a judge, not just the mortgage lender. Lenders hate the risk and loss of control that comes along with not being able to make the decisions about your foreclosure.
If you are a Montana homeowner facing foreclosure it may be wise to meet with a board certified attorney to discuss your options. Don’t take the bank’s word for it that they have the right to foreclose on your home.