Practice Pointers: Lessons from a Successful Foreclosure Defense Lawsuit


I’m happy to write that I settled a foreclosure defense lawsuit for one of my clients this week.  I won a temporary restraining order to stop the foreclosure
several days before the sale and negotiated a loan modification for my client that will keep him in his home with an affordable mortgage loan payment–my goal in every foreclosure defense case.

My experience in this reminded me of some important practice pointers in foreclosure defense:
  • Earlier is always, always better in stopping a foreclosure. While I encourage anyone in any stage of foreclosure to consult an attorney, sooner is always better
    in trying to save a home.
  • The more paperwork you can provide to your attorney about your mortgage loan and home, the better of a chance that they can help you.
    My client had papers going back to the closing of his home, and every notice he had received since then, which made my job much more effective (at less cost to him).
  • Working with the bank can help you save your home.  I know few, if any, bank attorneys who want to see someone lose their home.  Most, if they can, will make every effort to find a way to avoid this.  Developing a good working
    relationship with the other side can go a long way towards an effective resolution of the problem.
In need of foreclosure defense assistance?  Contact me.