Birmingham, AL Law Firm Focuses Foreclosure Defense
Alabama Bankruptcy Attorneys Help Clients Avoid Foreclosure
Homeowners should never just assume that they have no defense against a foreclosure proceeding. Instead, they have the right to bring any legitimate defenses that will require their lender to prove that it has the right to foreclose on their home.
Lender Practices That Violate Homeowner Rights
Many lenders have engaged in predatory practices, violations of the Truth in Lending Act, and securitizing loans as part of a bundle to investors, all legitimate defenses to foreclosure.
Some attempt to foreclose on homeowners prematurely, by mistake, or without following the proper procedures, and bank errors are frequently not just simple technical mistakes and sometimes may actually constitute serious violations of the rights of a homeowner.
Foreclosure Defense vs. Bankruptcy
Foreclosure defense is not as complicated as it may sound and involves raising legal defenses in answer to a foreclosure action. These defenses might include:
- Demonstrating that the lender made errors regarding the mortgage or the foreclosure proceedings
- Seeking relief under the Servicemembers Civil Relief Act (SCRA)
- Proving that the lender violated state or federal law
- Pursuing loan modification
- Filing for chapter 7 or chapter 13 bankruptcy
Although not always the case, foreclosure defense can sometimes be more effective than chapter 7 or chapter 13 bankruptcy because it can give a homeowner time to bring their loan current, sell the home, propose a mortgage modification, or offer a cash settlement.
Contact an Experienced Birmingham, AL Foreclosure Defense Law Firm
Are you facing foreclosure and need legal help to avoid it? Contact the Birmingham foreclosure defense attorneys at the Bond & Botes Law Offices online or call 1-877-581-3396 to schedule your free initial consultation with our experienced lawyers today.