The risk of foreclosure of your home can be overly stressful. On top of the financial strain of falling behind on your mortgage payments, you may also face the emotional stress of losing your home.
Thankfully, an experienced foreclosure defense attorney may be able to stop this. The Law Offices of James C. Shields have helped countless clients in Torrance and all surrounding South Bay areas facing foreclosure on their homes. We understand how intimate your home is to you and your family and are dedicated to helping you keep it.
Our experienced attorneys will examine all the factors surrounding your situation to determine the best course of action. We can also help you develop a foreclosure defense strategy or negotiate an alternate solution with your lender so you can remain in your home. So do not hesitate to contact us to schedule a free case review today!
When is the Perfect Time to Seek Help?
Waiting until it is too late to seek help is the last thing you want to do. As soon as you know you may be at risk for foreclosure, you should contact a foreclosure defense attorney for the best advice and protection.
But when do you know you face this risk? Before a lender begins foreclosure proceedings, they must, per the mortgage contract, mail you a breach letter indicating you're behind on your repayments. This letter gives you a 30-day grace period to keep your loan current. And this is often the best time to hire a qualified lawyer to defend you against the proceedings.
What Defenses Can a Foreclosure Attorney Raise in Court?
As the attorney reviews your case and prepares for trial, the aim is to uncover any legal defects or errors in the foreclosure process. This may include:
- Lender not following state foreclosure laws
- Miscalculations of the amount owed
- Failure to provide proper notice of default and/or acceleration
- Fraudulent or deceptive practices by the servicer or lender
- Violation of the Truth in Lending Act
- Unfair lending practices -Lack of standing or legal right to foreclose
- Violation of your right to protection against foreclosure as an active military member under the federal Servicemembers Civil Relief Act
Other Ways a Skilled Attorney Can Help Protect You Against Foreclosure
Aside from capitalizing on the defenses highlighted above, a skilled foreclosure defense attorney may also explore different ways to protect yourself against foreclosure, including:
- Loan Modification: A loan modification is the most common solution used by homeowners facing foreclosure. It involves negotiating with the lender to adjust your repayment terms so you can afford them. This can include reducing the principal amount, interest rate, or extending the loan term.
- Reinstatement: Reinstatement allows you to catch up on your missed payments and bring your loan current. You will need to pay the amount past due plus fees and penalties, but it could save you from losing your home.
- File for Chapter 13 Bankruptcy: When push comes to shove, filing for Chapter 13 bankruptcy can be an excellent way to save your home. A bankruptcy filing can delay or stop the foreclosure process. Plus, it offers the chance to reorganize your debt and create a repayment plan you can afford.
If you are facing foreclosure on your home in Torrance or any surrounding South Bay area, our compassionate attorneys at the Law Offices of James C. Shields can help! We understand that no two situations are alike, so we will listen to your story and develop a plan tailored to your unique needs. From filing the necessary paperwork to negotiating with lenders, our goal is to guide you through this challenging process in a way that provides the best outcome for you and your loved ones.
So why wait? Contact us now to learn about our unwavering support and dedication to clients facing foreclosure!
Frequently Asked Questions
Do I Need an Attorney to Fight a Foreclosure in Torrance, CA?
Yes. It is in your best interest to hire an experienced attorney, as they can help you better understand the law and explain all of your rights and options. They will also review your case and determine the best approach for defending against foreclosure proceedings.
What Are the Benefits of Hiring a Foreclosure Defense Attorney?
For starters, you can benefit from the attorney's knowledge and understanding of the legal system. They can help explain the laws that may apply to your case and unmask any errors or inconsistencies in the lender's documents.
