Foreclosure

If you are a borrower and have been served with a foreclosure lawsuit, it is especially important to see an attorney immediately to assist in defending your foreclosure action. You only have 20 days from being served with the lawsuit to file a response or a default may be entered against you. If a default has already been entered, you should speak with an attorney as soon as possible to determine if it is possible to have the default set aside.

The attorney at the Wilson Advocacy Group, P.A. will review every aspect of your case with you. We will review the mortgage documents, the note, and the bank disclosures. We also can arrange for a third party to conduct an audit of the lender’s accounting policies and procedures to determine any irregularities that might give you a defense to the lawsuit. As part of our commitment to personalized legal representation for our clients, we evaluate each client’s individual circumstances to determine an effective plan of action. Fighting a foreclosure often can result in additional time to arrange for a sale, refinance or workout arrangement or in a mediated resolution that is more beneficial to a property owner than a final judgment of foreclosure.

In addition to filing the paperwork to defend the foreclosure action, your attorney may be able to negotiate a loan modification with your Lender. If you own commercial property, then you may also need advice regarding the collection of rents on leases and payment of operating expenses.

Lenders often continue to negotiate with borrowers during foreclosure proceedings. Negotiations do no protect property owners from the consequences of the ongoing foreclosure lawsuit. You must continue to defend against the foreclosure action, while negotiations are pending. Do not fall into the trap of believing that the lawsuit will stop while you negotiate.

While we recommend that you contact us as early as possible once you realize you are facing foreclosure, we still may be able to help you even if you are only a few days away from the sale date.