Chicago Foreclosure Defense Attorney
Let Us Help You Save Your Home
Foreclosure is, unfortunately, a common occurrence. It can be surprisingly
easy to fall behind on your mortgage payments, especially if you’ve
experienced a financial pitfall, such as losing your job. What’s
worse, the lender who originally backed your purchase might be sending
you letters threatening to take away your home. If you’re under
threat of foreclosure, let us help.
Our skilled Chicago real estate attorney has the knowledge it takes to
assist you in defending your home. In previous decades, successful defenses
against foreclosure were relatively rare, but more homeowners than ever
are successfully challenging foreclosures.
To get started on your case, call us at (312) 702-0878 or fill out our online form
In order to defend yourself against foreclosure, you must go before a judge
to argue your case. In Illinois, all foreclosures go through court, which
means you will be able to defend yourself before the foreclosure goes
through. With a skilled foreclosure defense attorney on your side, you
may be able to make one of the following arguments.
Terms of the Mortgage Are Unconscionable
In some cases, the terms of a person’s mortgage are so unfair they
can shock the conscience of the judge. An attorney can argue for unfairness
based on a branch of law called “equity,” which focuses on
fairness in situations where a legal statute doesn’t provide adequate
relief. For example, in some cases, if a person didn't speak much
English and was pressured to agree to a loan he or she couldn’t
possibly repay, those terms would be unfair.
Servicemember on Active Duty
If you’re on active military duty, you are protected under the Servicemembers
Civil Relief Act (SCRA), which prevents you from being sued while in active
military service of your country and for up to a year after active duty.
Likewise, if your foreclosure is initiated while you’re on active
duty, you can postpone the proceeding by requesting it from the court
Foreclosing Party Didn’t Follow Procedures
If the foreclosing party doesn’t follow state procedural requirements
for bringing a foreclosing action, you might be able to challenge the
foreclosure. For example, foreclosing parties are required to serve you
with a notice of default; if they fail to do this, they haven’t
followed state law. Typically, more serious violations will get a more
serious response from the court. If you’re unsure whether or not
a state law has been violated, it’s best to discuss your situation
with a lawyer.
Foreclosing Party Can’t Prove It Owns the Mortgage
In some cases, the original holder of the mortgage might sell the loan
to another party, such as another bank, lender, or investor. If the current
owner of the mortgage doesn’t have the paperwork to prove he or
she legally owns the mortgage, he or she can’t take action against you.
Mortgage Servicer Made a Serious Error
Errors in claims submitted by mortgage owners are prone to mistakes. According
to one study, out of 1,700 Chapter 13 bankruptcy cases, a majority of
the claims had errors. If a mortgage servicer makes mistakes on your mortgage,
you might be able to challenge the foreclosure. Serious errors include
- Crediting payments to the wrong party
- Imposing excessive fees
- Imposing fees not authorized by the lender or owner
- Substantially overstating the amount you must pay to reinstate your mortgage
Original Lender Engaged in Unfair Lending Practices
If the original lender of the mortgage engaged in illegal lending practices
that violated federal or state law, you might be able to fight your foreclosure
under these grounds. Two federal laws protect people against unfair lending
practices, including the Truth in Lending Act (TILA) and an amendment
to TILA called the Home Ownership and Equity Protection Act (HOEPA).
Discuss Your Case with Our Attorney Today
If you’re unsure if any of these defenses can apply to your situation,
let us help. Our skilled Chicago real estate lawyers can take a look at
your circumstances, examine the details of your case, and offer you sound
legal advice about your best course of action. Ahmad Law Firm is available
to take your calls 24 hours a day, 7 days a week. Let us see what we can
do for you.
at (312) 702-0878 or fill out our online form to schedule your free case