West Virginia Bankruptcy Lawyer
Few situations can ever compare to the devastation of losing your home. Homeowners who cannot make their monthly mortgage payments may face foreclosure actions against their lenders. Regardless of the reason for your financial hardship, such as medical bills, job loss, or other emergencies, foreclosure can be initiated by a lender once you start missing payments. You should seek advice from our Wheeling bankruptcy attorney and not try to handle this situation on your own. We are experienced in helping individuals retain their property and successfully avoid foreclosure.
EXPLAINING FORECLOSURE DEFENSE
In short, foreclosure defense is the dispute you have with your lender when they try to foreclose on your home. Your defense should delay or prevent the foreclosure. Fighting these mortgage giants and their foreclosure machines may seem impossible, but we can fight back through legal means.
The banks didn’t always obey the rules while bundling and selling these mortgages. Necessary documentation was often misplaced, lost, or never finished. Many have erroneous recommendations. To speed up loans, some “mortgage mills” used fraudulent signatures. This rapid loan transfer caused several mistakes. Your Foreclosure Defense Attorney may use these opportunities to delay or prevent foreclosure.
COMMON FORECLOSURE DEFENSES
Some foreclosure defenses are utilized more often than others. The following are the most popular foreclosure defenses in court:
To enter a contract, one party provides the other something of value or “benefit.” Like all other contracts, Mortgage contracts need enough consideration to be legitimate. If a borrower or homeowner discovers that the agreement lacks consideration, they may use it as a foreclosure defense or sue for damages.
Non-compliance with Notice Requirements
Before foreclosing, borrowers must be notified in writing. So, if the borrower didn’t get a notice, it might be utilized as a foreclosure defense.
Non-compliance with Release Provisions.
When a lender fails to remove a mortgage lien from the property despite an obligation to do so, this frequently occurs in construction loans involving parcel or unit sales.
Waiver of Privilege
If a lender has previously agreed to a borrower’s non-compliance with a contract provision, it may have waived its right to sue for the same breach.
Foreclosure proceedings must begin within the statute of limitations or time range provided under WV law.
Mortgage fraud is one of the best foreclosure defenses. A mortgage obtained through deception is void. The borrower may either confirm the contract and seek damages or cancel it.
Equitable Defenses or Unclean Hands Doctrine
According to this rule, a wrongdoer is not entitled to file a lawsuit or make a fair redress application. If the lender has participated in unlawful or fraudulent behavior, the unclean hand’s concept may be utilized as a foreclosure defense. Even if the borrower broke the contract, the court might overturn or reject the foreclosure case.
If none of the previous foreclosure defenses work, a borrower may provide an unconditional form of payment to the mortgage holder. The payment may be a single mortgage payment, all past due installments, or the whole obligation. Tender of payment may be utilized to avoid mortgage interest obligation.
West Virginia’s Foreclosure Procedures and Laws
If you get a loan to purchase a property in West Virginia, you will most likely be required to sign two documents:
- a promissory note and
- a deed of trust.
A “promissory note” is the instrument that includes your pledge to repay the loan, as well as the conditions of repayment. A “deed of trust,” like a mortgage, gives the lender a security interest in the property. If you miss on your payments, the lender may sell your home to recoup its losses.
The servicer will manage the foreclosure (on behalf of the loan owner, referred to as the “lender” in this article). In West Virginia, nonjudicial foreclosures are more probable; however, judicial foreclosures are still permitted.
West Virginia law governs nonjudicial proceedings, and both federal and state laws provide you with rights and safeguards throughout the foreclosure process.
In a West Virginia foreclosure, you’ll almost certainly receive the right to:
- apply for loss mitigation
- get notification of the foreclosure
- gain special protections, if you’re in the military
- pay off the loan to avoid foreclosure
- file for bankruptcy
- recover any extra money following a foreclosure auction
So, if you’re a West Virginia homeowner who has fallen behind on your mortgage payments, don’t be surprised. Learn about each stage of a West Virginia foreclosure, from missing your first payment through a foreclosure auction. Once you understand the procedure, you can make the most of your position and, ideally, figure out a method to preserve your house or, at the very least, get through it with as little stress as possible.
Why is foreclosure defense important?
If you need to regain financial stability, foreclosures may be the answer. Here are several reasons why a foreclosure may benefit.
- You may change your loan conditions
Contrary to popular belief, not all foreclosures result in loss of your home. Begin by talking to your bank. You or your attorney may negotiate a reduced monthly payment or a loan extension for many months with the lender’s permission. This slight change may help save your house in some instances.
- Foreclosures save you money
You may save money even if you don’t wish to lose your house. Start saving the money you would have spent on your property once it is in foreclosure. If you can’t amend the conditions of the agreement and remain where you are, you’ll have money for a new residence.
- Foreclosures provide a fresh start
Losing something may help you gain ground. Housing, upkeep, and other bills might be challenging to manage. You lose your house, but it allows you to rethink your circumstances. Then you may browse for less-priced rental homes or locations to reside.
Is Mortgage Foreclosure Defense right for you?
To be honest, it may be challenging. The bank that issued your mortgage has the ultimate decision on whether or not you get loss mitigation approval.
- Your income heavily influences your bank’s choice to foreclose on your mortgage.
- The bank will not consider you for an adjustment if you earn too much.
However, if you do not earn enough, the bank may determine that you cannot make a reduced payment and continue with foreclosure proceedings nonetheless.
AVAILABLE DEFENSE OPTIONS
You can take action to avoid foreclosure of your home. Many individuals require alternatives to foreclosure. Our West Virginia foreclosure defense lawyer has the experience and resources to assist you. We have handled thousands of cases and are prepared to provide you with the help you require. During a free case evaluation, we can discuss the alternatives to foreclosure that may help you save your home.
Following are some of the defense options you may be able to take to save your home:
- Reinstatement: making a lump-sum payment to stop a foreclosure
- Forbearance: a temporary agreement that suspends payments for a specific time period
- Repayment plan: allows the borrower to combine past-due payments with current payments
- Loan modification: allows the borrower to restructure the loan terms
- Federal foreclosure: implemented by the United States government to help troubled homeowners
Why You Should Hire a West Virginia Bankruptcy Lawyer
- They are aware of the law
Several federal regulations control foreclosures, mortgages, contracts, and the rights of borrowers. Experienced foreclosure defense lawyers, such as Thomas E. McIntire, are well-versed in the applicable foreclosure legislation. Attorney Tom McIntire has repeatedly proven that he understands how to fight against the foreclosure process and hold lenders accountable for unlawful lending practices. The legislation governing foreclosures is likewise continually evolving. An expert foreclosure attorney will remain up to date on the legal developments in foreclosure defense and will therefore be able to assist you quickly.
- Foreclosure Defenses Are Complicated
Foreclosure defenses are not easy to come up with. Often, a homeowner feels they have a defense against foreclosure but lacks the legal information or resources necessary to establish their case. A foreclosure defense attorney may assist in proving that the lender did not follow correct processes when filing the foreclosure complaint, that the mortgage lender cannot show ownership of the loan, or that their mortgage lender or mortgage servicer screwed up their account. All of these defenses need a thorough understanding of foreclosure law.
- Court processes and regulations are challenging to understand.
If a foreclosure complaint has already been served on you, you must respond swiftly and appropriately. There may be motions to be responded to and court appearances necessary. The other party will have skilled lawyers to oppose you, and you will need an experienced attorney to protect your interests correctly.
- The Foreclosure Attorney Will Be Aware of Available Options to Save Your Home
Your competent foreclosure attorney may know of solutions available that can help you keep your house.
These may include:
Bankruptcy Under Chapter 13
A Chapter 13 bankruptcy may help some homeowners keep their homes. Bankruptcy Chapter 13 allows a homeowner who has fallen behind on their mortgage payments to catch up for 36 to 60 months.
Several mortgage modification programs are available to assist homeowners who are having problems making their mortgage payments. The lawyers at Thomas E. McIntire and Associates have successfully acquired mortgage modifications for our clients, which have resulted in reduced interest rates, extended terms, and the incorporation of past payments into the mortgage.
How Long Does the West Virginia Foreclosure Process Take?
A nonjudicial foreclosure in West Virginia may be completed in roughly 60 days if it is not disputable. If the borrower fights the foreclosure or the lender pursues a judicial foreclosure, the procedure may take over 60 days to complete.
WE CAN REVIEW YOUR CASE FOR FREE!
As you face foreclosure proceedings, your first step should be to obtain legal guidance. You may have additional options to those listed above if foreclosure proceedings have been wrongfully taken against you. We can stand by you and defend you during each process step. Our ultimate goal will be to stop the foreclosure before the sale of your home. For the experienced assistance that we offer, contact Thomas E. McIntire & Associates, L.C. at your earliest convenience and request a free case evaluation.