If you’ve received notice of a potential foreclosure you need to act fast. A foreclosure defense lawyer can help! The earlier you respond to a foreclosure, the more options you have to try to save your home, preserve your credit, and restore your peace of mind. At Slater & Zurz LLP, we’ve been serving our Ohio clients’ legal needs for over 40 years. We’ve developed a long track record of success. Call or email us to schedule a free consultation with a foreclosure defense lawyer. We’ll review your case, answer your questions, and recommend what we believe is the most effective way to address your foreclosure and achieve your goals.
Once you believe foreclosure is imminent, the first step is to determine where you are in the process.
Broadly speaking, you are either in pre-litigation or litigation.
- If your bank or lender has merely threatened to foreclose, but nothing has been filed in court, you are in pre-litigation. At this stage, you and your foreclosure lawyer can work directly with your lender without having to comply with court deadlines and processes geared to expedite the foreclosure process.
- If a foreclosure complaint has been filed in court, you are in litigation. At this stage, it is essential that you hire a foreclosure defense lawyer as soon as possible. Missed deadlines, inadvertent admissions, and other minor lapses can solidify your lender’s position and make your defense increasingly difficult.
Whether or not your case is in litigation, you may be able to refinance the loan, obtain a forbearance, or work out another plan to catch up on your payments. Many courts offer mediation in mortgage foreclosure cases to allow you an opportunity to negotiate with your lender. You should reach out to a foreclosure defense lawyer as soon as possible. Even if your case is not yet in court, your lender is represented by legal counsel every step of the way. Let our foreclosure defense lawyers at Slater & Zurz help level the playing field and guide you through the foreclosure process from start to finish. We’re on your side!
If you’re in a Foreclosure litigation, you need to act immediately!
In Ohio, you have 28 days to answer a complaint once you receive it. If you don’t respond within that time, your lender can ask for a default judgment. A default judgment severely limits your ability to challenge the case in court. You can ask the court to accept a delayed answer or overturn a default judgment, but in either case, the court is free to deny your request. If your house has been set for a sheriff’s sale, a foreclosure defense lawyer may be able to prevent the sale, but with a pending sheriff’s sale, you need to act immediately. Even a few days’ delay can be too late.
Debt relief agencies can’t help once your case is in court—you need a lawyer!
If your case is already in court, only a foreclosure defense lawyer can help you. Debt relief agencies can’t appear in court. Only a lawyer licensed to practice in Ohio can file an answer, file motions, or appear in court on your behalf. At Slater & Zurz, our foreclosure defense lawyers are available to represent you in Akron, Cleveland, Canton, Ravenna, Wooster, and other areas throughout Ohio.
Even if your case is not in court, the sooner you act, the more ways we can help!
If your foreclosure has not yet been filed in court, it’s still important to speak to a foreclosure defense lawyer as soon as possible. Most foreclosures begin with pre-litigation processes between you and your lender that offer an opportunity to resolve the foreclosure without going to court. Though these processes are broadly governed by statute, there are some differences among the many loans and mortgage lenders. Right now, the CARES Act provides some relief for federally backed mortgages, limiting the foreclosures that can be filed within 60 days and allowing for forbearance if properly requested.
Don’t just throw in the towel!
Even if you’re behind on your payments, there are options available to you. Throwing in the towel without checking out your options can cost you.
If you don’t want to keep the house, you have options. You may be entitled to any equity in the property, which can best be preserved through a negotiated process rather than a forced sheriff’s sale. A deed in lieu of foreclosure, which allows you to walk away from the property without a foreclosure on your credit record, is another option.
Many options are available without having to declare bankruptcy. However, for some individuals, a bankruptcy might make the most sense. Making that decision requires a comprehensive examination of all your finances as well as future plans.
If you’re facing foreclosure, call or email our foreclosure defense lawyers at Slater & Zurz immediately for a free consultation. We’re here to help you.