Foreclosure signs seem to be appearing in neighborhoods across the nation these days, so if you’re behind on your mortgage payments, you’re certainly not the only one. In many cases, a simple call to the lending institution in charge of your mortgage can help. Many are willing to work with you as long as you let them know you have difficulties with monthly expenses. If your lender falls short where leniency is concerned, you may be facing Foreclosure in Hamilton OH, but an attorney may be able to help bring a halt to the process.
If you’ve gotten a pre-foreclosure notice in the mail, consulting with a legal representative well-versed in this field, such as Dean Snyder Attorney At Law, at this early stage is recommended. You can’t build a case on the simple basis of needing to remain in your home, but your legal counsel may be able to build a defense on certain grounds. Lenders are held to specific protocols when deciding to foreclose on a home. In Ohio, lenders must file a complaint with the local court complete with copies of your promissory note and the mortgage agreement.
Proof they’re the rightful owner of your mortgage, an explanation of their reasons for foreclosing, statements detailing what they’d like the court to do in your particular case and other bits of information may also be presented. Once the complaint is filed, you have 28 days to respond. If your lender failed to follow those steps or is trying to force you out of your home before your time to respond has expired, your attorney can use this in your defense.
In cases where your mortgage was transferred from one lender to another, the previously-mentioned proof of ownership of the loan will be crucial. In instances where the lender can’t prove they’re the rightful owners of the mortgage, the foreclosure process could be delayed or dismissed altogether. Lenders, at times, simply make clerical errors when crediting payments to accounts. If you’ve got proof you’re current on your payments, but your lender is still threatening Foreclosure in Hamilton OH, your case could easily be resolved. In the event you’re facing foreclosure, speak with an attorney to find out if you may have a case.
