Columbus Foreclosure Defense Lawyer
The prospect of losing your home might be one of the scariest thoughts that keep you up at night, especially if you are already in default on your mortgage and have received a notice from the bank. Lenders will often move forward on a foreclosure even if they don’t have their facts right, and there may be lots of defenses available to you to defeat a foreclosure, or other alternatives you can pursue. Foreclosures happen fast, but the attorneys at Kohl & Cook move swiftly to stop the foreclosure in its tracks and present a strong defense to help you keep your home. If you’ve received a notice of default or if you worry you might soon be facing foreclosure, call our foreclosure defense law firm for a free consultation. We’ll help you explore all your options and pursue the best strategy for success in your case. Call our experienced Columbus foreclosure defense lawyers today.
- Foreclosure Avoidance
- Foreclosure Bankruptcy
- Foreclosure Federal Actions
- HOA Foreclosure Defense
- Mortgage Modification
You May Have Defenses That Keep You in Your Home
The lender might make it sound like you’ve defaulted on your mortgage and you don’t have any options other than to let the bank foreclose on your house, but that is sometimes far from the truth. Our Ohio foreclosure defense attorneys will take a close look at your situation and all the surrounding circumstances to determine whether you have strong defenses or counterclaims to raise and defeat the foreclosure. We know the Ohio state and federal laws applicable to home mortgages and foreclosures, and we have years of experience helping homeowners like you fight off wrongful foreclosures. Our lawyers at Kohl & Cook might be able to help in any of the following ways:
If the foreclosing party doesn’t actually hold the note evidencing the debt or can’t produce it in court, they might not have standing to bring a judicial foreclosure in Ohio county court. In addition, the time frame for pursuing foreclosure (known as the statute of limitations) might have already expired. Sometimes the lender says the wrong amount is due and pursues a foreclosure that could have otherwise been prevented, or they have committed some prior material breach of the contract that excuses the homeowner of the obligation to make payments. Whatever defenses to foreclosure apply to your situation, we’ll find them, raise them in court and vigorously pursue them.
Congress has enacted an alphabet soup of laws surrounding the process of lending and home mortgages, all for the protection of the homeowner. If the lender, bank, or other settlement service provider violated the law by failing to make required disclosures or committing other errors, we might be able to stop the foreclosure and hold them accountable for their mistakes. Applicable laws include the Real Estate Settlement Procedures Act (RESPA), the Truth in Lending Act (TILA), the Fair Debt Collection Practices Act (FDCPA), the Uniform Commercial Code (UCC) and more.
Mortgage Loan Modification
You might be eligible for a mortgage loan modification that can make your monthly payment affordable. Applying for a loan modification stops the foreclosure and gives you time to pursue a modification and get current on your mortgage. Our mortgage loan modification lawyers will guide you through this process and represent you in discussions and negotiations based on a complete knowledge of the law and years of experience in successfully obtaining modifications for others in your same situation.
If keeping the home isn’t possible or isn’t your best solution overall (e.g., if you simply can’t afford the mortgage), we’ll counsel you on your different options for leaving the home behind while avoiding foreclosure and any liability for a deficiency judgment. There are right ways and wrong ways to walk away from a mortgage. If walking away is in your best interest, we’ll help you do it the right way.
Don’t Ignore or Delay When Facing Foreclosure
It might be uncomfortable to deal with a pending foreclosure, but this is a situation that must be faced properly and promptly. Don’t ignore the situation, especially if you receive any official communications from the bank or court papers. Instead, act quickly by calling Kohl & Cook Law Firm for a free consultation and immediate assistance defending against your foreclosure.
- Call us if you receive a notice of default. We’ll explore your options to avoid foreclosure.
- Call us if you receive a summons and complaint. We’ll file a response to the complaint that raises all applicable defenses and counterclaims.
- Call us if the time to respond to the summons has expired. We’ll move the court for an extension of time to respond.
- Call us if the lender has moved for summary judgment. We’ll oppose the motion and avoid a default judgment entered against you. Moving toward trial by going through discovery is crucial to exposing weaknesses in the bank’s case like their lack of appropriate documentation.
- Call us if a default judgment has been entered against you. We’ll move to vacate the judgment and fight your foreclosure.
- Call us if a date has been set for the sale of your home. We’ll use whatever resources are available to stop the sale.
- Call us if the home has already been sold at auction. We’ll help you redeem the home if possible or set aside the sale if grounds exist.
Contact Kohl & Cook Today
Facing foreclosure is not something you should have to go through alone or without skilled and knowledgeable legal help. Kohl & Cook is a local law firm that will work with you personally to explore all your options and come up with the best approach to keeping your home and avoiding foreclosure. Call our experienced Columbus foreclosure defense lawyers today.