Foreclosure help is available for homeowners in danger of losing their homes, or homeowners who have already gone through a foreclosure sale. While saving a home from foreclosure is never a guarantee, foreclosure help may be an option in your case depending upon the circumstances.
Before a Foreclosure
Foreclosure help for homeowners pre-foreclosure largely consists of attempting to obtain a loan modification or similar means of paying the outstanding loan debt. Despite the best efforts of homeowners to properly apply for this assistance with their lenders, it is not uncommon for lenders to make a mess out of reviewing loan modification applications, by claiming to “lose” paperwork and deny such applications for absurd reasons. In such a case, an attorney can provide foreclosure help through a lawsuit against a lender’s repeated refusal to properly review of these applications.
An attorney can similarly help a homeowner defend against foreclosure by determining whether a mortgage lender complied with the requirements for starting a foreclosure sale. Errors in the notice requirements and pre-foreclosure laws can all be effective defenses against a foreclosure sale.
After a Foreclosure
Foreclosure help is also available after a foreclosure has occurred. Massachusetts is a “non-judicial foreclosure” state, and a mortgage lender is not required to file a court case to foreclose a home. A mortgage lender, however, must strictly comply with the applicable laws and mortgage terms to conduct a lawful foreclosure. The failure to do so can be grounds for defending against a foreclosure sale and getting a home back.
In addition to errors in the foreclosure requirements, a homeowner can also pursue equitable challenges to a foreclosure’s validity. Such claims are circumstances where the lender complied with the basic foreclosure requirements, but otherwise acted in a manner that justifies the foreclosure being void.
Avoid Foreclosure Defense Scams
A critical reminder for seeking foreclosure help is to avoid foreclosure scams. There are many con artists who try and take advantage of struggling homeowners by promising them services that are unrealistic or not otherwise legitimate. Avoid anyone who promises you a free home, guaranteed loan modification, or something else that seems “too good to be true.” The Attorney General’s Office provides helpful resources for homeowners who have been victims to these scams.
Speak to An Experienced Foreclosure Defense Attorney
Needless to say, the importance of speaking to an experienced foreclosure defense attorney cannot be overstated. Foreclosure help may be available to you, but such assistance generally requires the knowledge of someone familiar with this area of law and the options available for saving a home.