Category Archives: Foreclosure Defense
Common Defenses In Ohio Foreclosure Lawsuits
If you, as a homeowner, were to fall behind on your mortgage payments, you likely think that foreclosure is inevitable. In Ohio, however, lenders have to meet strict requirements before they can take away your home. A lot of foreclosure cases fail because the bank cannot prove it has the right to enforce the… Read More »
Recent Supreme Court Decisions That Could Impact Your Foreclosure Defense
Ohio residents facing foreclosure often feel like the system is stacked against them. But court decisions can significantly change the legal landscape, sometimes in favor of borrowers. Over the past few years, the Ohio Supreme Court has issued several rulings that shape how foreclosure cases are handled. This clarifies the rights of both lenders… Read More »
5 Warning Signs That Your Mortgage Servicer Is Violating Ohio Foreclosure Laws
Those facing the possibility of foreclosure know how stressful it can be. When mortgage servicers mishandle accounts, it can make matters far worse. However, state and federal laws give borrowers important protections, but violations often go unnoticed until it’s too late. Knowing the red flags can help you spot misconduct early and protect your… Read More »
Five Common Myths About Foreclosure Debunked
Facing foreclosure is among the most stressful experiences that you can face. Unfortunately, misinformation and half-truths can make the process even more confusing. Many people believe that once foreclosure begins, there’s no way to fight back, or the only solution is bankruptcy. That’s simply not true. In reality, Ohio homeowners have several rights and… Read More »
How To Check If Your Lender Has Legal Standing In Ohio Foreclosures
When a bank or mortgage company begins the process of foreclosure, most homeowners assume the lender automatically has the right to take their house. But in Ohio, that’s not always the case. To foreclose, the lender must first prove that it has “standing,” or the legal authority to enforce the mortgage and collect the… Read More »
Loan Modifications Versus Foreclosure: How To Use Ohio’s Loss Mitigation System To Stay In Your Home
Are you facing the possibility of foreclosure? If so, you likely know this is one of the most stressful experiences a homeowner can face. In Ohio, thousands of families confront the prospect of losing their homes each year. This is due to financial hardships created by job loss, medical bills, or other unexpected life… Read More »
Excess Proceeds After Foreclosure: How To Claim Funds That Are Rightfully Yours
When most folks think about foreclosure, they imagine only the loss of their most precious asset. But what many Ohio homeowners fail to realize is that foreclosure can sometimes create an opportunity to recover money. If your property sells for more than what is owed on the mortgage, the remaining balance (known as excess… Read More »
Unpacking Ohio’s Planned Communities Act: Why Your HOA Can’t Just Foreclose On A Whim
If you’re like a lot of Ohio homeowners, living in a community governed by a homeowner’s association comes with both benefits and frustrations. HOAs are generally designed to maintain common areas, enforce community standards, and protect property values. But when an HOA overreaches, particularly by threatening foreclosure, homeowners can sometimes feel powerless. Ohio law… Read More »
What Is A Deed In Lieu Of Foreclosure?
Are you facing foreclosure? If so, you have some options regarding what to do next that don’t involve being evicted from your property. One of those options is to surrender the deed to your mortgage instead of allowing the bank to foreclose on the property. This is known as a deed in lieu of… Read More »
What Are My Rights During A Foreclosure?
Very few life events are more stressful than facing foreclosure. Nonetheless, you do have rights that you can exercise during the foreclosure process. It’s important to understand what they are so you can navigate your options intentionally. In this article, the Dayton, OH, foreclosure defense lawyers at Kohl & Cook Law Firm, LLC, will… Read More »