{"id":4461,"date":"2018-08-22T22:25:00","date_gmt":"2018-08-22T22:25:00","guid":{"rendered":"https:\/\/mcintirelaw.com\/?page_id=4461"},"modified":"2023-05-05T01:08:44","modified_gmt":"2023-05-05T01:08:44","slug":"west-virginia-foreclosure-defense","status":"publish","type":"page","link":"https:\/\/mcintirelaw.com\/west-virginia-foreclosure-defense\/","title":{"rendered":"Foreclosure Defense in Wheeling"},"content":{"rendered":"

West Virginia Bankruptcy Lawyer<\/b><\/h2>\n

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 <\/span>Wheeling bankruptcy attorney<\/span><\/a> and not try to handle this situation on your own. We are experienced in helping individuals retain their property and successfully avoid foreclosure.<\/span><\/p>\n

EXPLAINING FORECLOSURE DEFENSE<\/b><\/h2>\n

\"foreclosureIn 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.<\/span><\/p>\n

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.<\/span><\/p>\n

COMMON FORECLOSURE DEFENSES<\/b><\/h3>\n

Some foreclosure defenses are utilized more often than others. The following are the most popular foreclosure defenses in court:<\/span><\/p>\n

Inconsideration\u00a0<\/b><\/p>\n

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.<\/span><\/p>\n

Non-compliance with Notice Requirements\u00a0<\/b><\/p>\n

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.<\/span><\/p>\n

Non-compliance with Release Provisions.\u00a0<\/b><\/p>\n

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.<\/span><\/p>\n

Waiver of Privilege\u00a0<\/b><\/p>\n

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.<\/span><\/p>\n

Limitations<\/b>.\u00a0<\/span><\/p>\n

Foreclosure proceedings must begin within the statute of limitations or time range provided under WV law.<\/span><\/p>\n

Fraud<\/b><\/p>\n

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.<\/span><\/p>\n

Equitable Defenses or Unclean Hands Doctrine\u00a0<\/b><\/p>\n

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.<\/span><\/p>\n

Payment Tender<\/b><\/p>\n

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.<\/span><\/p>\n

West Virginia’s Foreclosure Procedures and Laws<\/b><\/h3>\n

If you get a loan to purchase a property in West Virginia, you will most likely be required to sign two documents:\u00a0<\/span><\/p>\n