when to create a willForeclosure Lawyer Phoenix, AZ

Your home is likely your most valuable asset – both financially and sentimentally. If you are at risk of foreclosure, you are no doubt scared and confused about what to do to save your home. Can you stop foreclosure? What happens if your mortgage lender isn’t willing to work with you to get caught up on payments? These are legitimate questions and you deserve to have detailed answers to both of them and any additional questions you may have about your legal situation right now. Know that you can work with a foreclosure lawyer Phoenix, AZ residents trust to get answers to every question running through your mind right now. The experienced team at Kamper & Estrada, PLLC is here to help you weather this particularly challenging time. 

There are some strategies you can employ to fight foreclosure or delay it, which could then give you time to work out a plan to get current on mortgage payments and keep your home. No matter which path you choose, please consider working with an experienced Phoenix, Arizona foreclosure lawyer from our firm who can explain all your legal options and serve as a passionate advocate for you and for your family.

Legal Defenses to Foreclosure

Some of the only effective ways to stop foreclosure action altogether involve demonstrating that the mortgage servicer made a serious mistake, broke the law or failed to follow state foreclosure procedures. The Great Recession and housing crisis of 2008 showed us that major servicers with nationwide operations can make huge mistakes and run roughshod over homeowners who are making good faith efforts to pay their mortgages. A Phoenix, AZ foreclosure lawyer can help you to determine whether your lender is taking advantage of you in some way. 

Examples of mistakes and/or prohibited actions include:

  •         Crediting your mortgage payments to the wrong party
  •         Misstating how much money you must pay to reinstate your mortgage after becoming delinquent
  •         Allowing you to participate in a foreclosure avoidance option (such as loan modification) while simultaneously pursuing foreclosure against you (a practice known as dual-tracking)
  •         Failing to send you a letter notifying you that you were in default and therefore subject to foreclosure
  •         The servicer violated state/federal law or deviated from mandated procedures in consequential ways

Pausing and Stopping Foreclosure Through Bankruptcy

If you are struggling with serious debt and are considering bankruptcy, you should know that this process could help you avoid foreclosure. When you file bankruptcy, the court imposes an automatic stay that halts all foreclosure activities (among other things). This is a temporary freeze, but it gives you time to negotiate a more permanent plan.

If filing Chapter 13, you may be able to negotiate a plan to become current on your past-due mortgage payments while continuing to make regular monthly payments going forward. You’ll need to discuss this plan with your attorney and the bankruptcy trustee to determine whether it is economically achievable.

Bankruptcy is a major step that will have significant consequences for your finances and your life. Therefore, it should generally not be pursued simply to avoid foreclosure. However, it can be an option to avoid foreclosure if you are also struggling with many other significant debts as well.

You Have Options – Contact Us to Learn More

If you need to stop foreclosure and keep your home, you need to work with an experienced and knowledgeable Phoenix, AZ foreclosure lawyer as soon as possible. You can rely on our team for straightforward answers and an honest assessment of your legal matter. Contact us today to arrange an initial consultation and to explore your options. We look forward to speaking with you.