How a Foreclosure Defense Attorney Can Save Your Home

by | Jul 18, 2017 | Law

If you are one of the unfortunate homeowners in Naperville, IL who have received a foreclosure warning, you can either choose to accept your fate or put up a fight to save your home. One of the reasons why many homeowners decide to give up their homes without contest is because they are unaware that there are loopholes in foreclosure cases. A good lawyer who is knowledgeable about foreclosure defense in Naperville, IL can help you take advantage of foreclosure errors and malpractices to avoid losing your home. Below are a few of the many things that a foreclosure defense attorney can assist with.

Identifying Violation of Foreclosure Rules

Each state has a set of foreclosure rules for banks and lenders to follow, and these rules must be clearly explained in your mortgage documents. If the foreclosing party violates any of these rules, the court may stop the foreclosure. A lawyer who has extensive experience in foreclosure defense in Naperville, IL will be able to conduct a thorough investigation on a bank or lender’s compliance with foreclosure procedures.

Evaluating Possibility of Predatory Lending

Predatory lending occurs when a bank or lender uses illegal means or unfair tactics to deceive you into accepting an unfavorable mortgage deal. Some examples of predatory lending practices include insufficient mortgage information, overly high interest rates, inflated appraisal values, high prepayment penalties, and others. If your lender is found guilty of predatory lending, you will have a good chance of winning your foreclosure trial.

Detecting Mortgage Payment Errors

Banks, lenders, and mortgage servicers can make mistakes. For instance, they may fail to record monthly mortgage payments correctly. If it can be proven that your bank or lender has committed an error, you may be able to convince the court to rule in your favor.

Foreclosure litigation requires local legal knowledge, because it can vary significantly from one state to another. If you want to stand a better chance in saving your home, it is recommended that you consult a lawyer who has an impressive track record in foreclosure defense in Naperville, IL.

Established in 2003, the Fitzgerald Law Firm P.C. has successfully represented numerous clients in many circuit courts across Illinois. Besides foreclosure defense, this reputable law firm also handles family, business, real estate, and estate planning legal issues.

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