Chicago Foreclosure Attorney
If you are facing foreclosure, you don’t have to lose your home. There are a number of foreclosure defense options that can help you keep your home and get a fresh financial start. Foreclosure attorneys at the Arlington Heights-based law firm of Charles T. Newland & Associates can help you stop foreclosure proceedings through a number of foreclosure defenses and other legal options.
Whether you are behind on your mortgage payments or you have received notice of foreclosure, do not delay. Fight back today by contacting the Chicago, IL foreclosure lawyers at Charles T. Newland & Associates at (847) 797-9300 to learn more about possible foreclosure defenses and options.
Foreclosure Defenses and Ways to Stop Foreclosure
There are a number of ways of stopping a foreclosure, one of which is to assert a foreclosure defense that will put you in a better position to negotiate a loan modification, refinance, or reduction in monthly payment amount.
Some of the most common foreclosure defenses include the following:
- Lender used dishonest lending practices. Under the Trust-In-Lending Act, lenders are required to make certain disclosures to borrowers prior to signing loan documents. If a lender fails to make a full disclosure, it could be forced to cancel the deed against the property, which would remove the lender’s right to foreclosure.
- Loan includes unconscionable mortgage terms. In some situations, a loan may be invalidated because its terms or the circumstances surrounding the loan “shocked the conscience.”
- Active service in military. If you are actively serving in the military, you may be able to receive a postponement of the foreclosure proceedings.
- Lender failed to comply with state law. Lenders are obligated to follow certain procedures when pursuing a foreclosure. For instance, if the lender fails to comply with notice requirements or other procedural requirements, you may have a valid foreclosure defense.
In addition to various foreclosure defenses, you may also be able to stop foreclosure by filing for bankruptcy. Under bankruptcy laws, an automatic stay prevents creditors from contacting you or pursuing legal action against you until the bankruptcy is complete. Our bankruptcy lawyers can explain the bankruptcy process to you and help you decide whether bankruptcy is a viable option for stopping foreclosure.
Additionally, you do not have to give your home over to the bank without a fight. In fact, the bank has the burden of proof with respect to foreclosure. Our real estate foreclosure attorneys have significant experience dealing with banks and we will advocate on your behalf to ensure that the bank meets their burden of proof and complies with applicable legal requirements.
Call for a Free Consultation to Learn More about How to Stop Foreclosure
If you are looking for a foreclosure lawyer in Chicago or the surrounding area, look no further than the real estate foreclosure attorneys at Charles T. Newland. We have more than 25 years of experience helping clients stay in their home, avoid foreclosure, and get on the right track financially.
Contact our office today at (847) 797-9300 to schedule a free consultation with one of our foreclosure attorneys.