Montgomery, AL Attorneys Help Clients Avoid Foreclosure

Alabama Law Firm Will Fight to Keep You in Your Home

Homeowners should never simply assume that they have no defense to a foreclosure action. Rather, homeowners have the legal right to raise any legitimate defenses that will require their lender to prove that it has the right to foreclose on their home.

Foreclosure defense might include various different legal strategies that a homeowner may take to stop or delay a foreclosure action. Although this is not always the case, foreclosure defense can prove to be more effective than chapter 7 or chapter 13 bankruptcy in avoiding foreclosure because it can provide a homeowner with additional time to bring their loan current, sell the home, propose a mortgage modification, or offer a cash settlement.

Lender Practices That Violate Homeowner Rights

During the past decade, many lenders have engaged in predatory practices, violations of the Truth in Lending Act, and securitizing loans as part of a bundle to investors. Proof of these tactics are all legitimate defenses to foreclosure. Some lenders make an attempt to foreclose on homeowners prematurely, by mistake, or without following the proper procedures. These errors are frequently not just the result of simple technical mistakes and may actually constitute serious violations of the rights of a homeowner.

All homeowners have the right to save a home from foreclosure through their equitable right of redemption. This involves paying off the entire mortgage balance, including fees and costs, before a foreclosure sale. According to Alabama law, the redemption period does not start until the lender provides the notice of foreclosure, and homeowners are not able to redeem more than one year after the foreclosure sale.

Contact an Experienced Montgomery, AL Foreclosure Defense Law Firm

If you are looking for help avoiding home foreclosure, contact the Alabama foreclosure defense attorneys at Bone and Botes, P.C. online or call 1-877-581-3396 to set up your initial case evaluation today.