Foreclosure Defense Strategies

By Brenner Spiller & Archer | June 2, 2021

The U.S. economy isn’t lifting everyone in New Jersey out of debt. If you want to avoid foreclosure and save your home, or you’re wondering how to get a loan modification, you need the help of a foreclosure attorney.

Dealing with your lender and negotiating mortgage issues are simply too complex to manage alone. An experienced foreclosure and loan modification law firm can defend your rights by helping you avoid foreclosure.

File a Notice of Appearance

After consulting with a foreclosure and loan modification attorney, a notice of appearance is filed with the court. This is done to allow the attorney to represent you. Your lender will send details and information about the case to the attorney.

Answer the Summons & Complaint

In order to foreclose on your property, the lender must file a lawsuit against you. To that end, you’ll receive a summons and complaint from a process server. You are then a defendant in a lawsuit and your lender is the plaintiff.

To achieve the goal of keeping your home, you must fight the lawsuit. The first step involves preparing your answer to the summons and complaint. Your attorney will answer on your behalf and initiate the defense against foreclosure.

An experienced litigator can prepare the response and fight the lender’s lawsuit. They’ll review the summons and complaint to identify errors and do everything possible to defeat the lender’s foreclosure lawsuit in court.

Court Appearances

You may be required to appear at one or more settlement conferences where you and the lender representative discuss a mutually agreeable resolution to avoid foreclosure. Your attorney will attend any settlement conferences in your stead.

Foreclosure Defense Strategy

If your attorney is pursuing a loan modification, they may utilize one or more foreclosure defense strategies to avoid foreclosure. The attorney may argue a “bogus” mortgage assignment or unfair lending practices or failure of condition precedent. The foreclosure defense strategies chosen will depend on the circumstances of your case.

Get Your Free Consultation With an Experienced Attorney

Because a loan modification is a permanent way to save your home, your foreclosure defense attorney may work towards this end. An experienced attorney can help you achieve this goal.

Foreclosure and loan modification are complex matters. Lenders are unlikely to warm to the idea of direct negotiations with the mortgagor. Contact Brenner Spiller & Archer to schedule your free consultation.