How can a lawyer stop a foreclosure by a lender?

Depending on how you want to stop a foreclosure by a lender, a lawyer can assist you. For instance, a stop foreclosure lawyer, typically called a real estate lawyer, will assist you at the start of the foreclosure process. It won’t stop the process quickly, but it won’t make it easy for the lender to take your home through a default judgment. The lawyer will explain the foreclosure process and evaluate your particular situation to understand the foreclosure defense that should be used. For instance, let’s say the terms of your 15-year mortgage included a balloon payment at the end of the 12th year of the mortgage. Then your lawyer will employ the unconscionable defense. Other foreclosure defenses your lawyer may use includes the Servicemembers Civil Relief Act (SCRA) if you are on active military duty or that the lender didn’t follow state procedures when starting the foreclosure process.

If you need the foreclosure stopped immediately (when your home is about to be auctioned in a foreclosure sale or the lender won in court) then a bankruptcy lawyer can assist you. The bankruptcy lawyer will file your chapter 13 bankruptcy petition for you and obtain an automatic stay. The automatically stay immediately stops the foreclosure process. This means that your lender can’t continue the foreclosure process or sale your home.

Foreclosure is a complicated process, but it doesn’t have to be confusing. If you need to stop the foreclosure process seek legal assistance. A lawyer will tell you the options you have.