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Foreclosure and Homeowners' Rights

Consumer Law Attorney Briane Pagel addresses how you can protect yourself against foreclosure.

 

Foreclosure help and defense attorneys can protect your right to stay in your house.  Whether the problem arises from short- or long-term financial changes in your life, or bank misconduct, hiring a knowledgeable lawyer can make all the difference and keep you living in the home you’ve built for your family.

We will work with you to help obtain a modification of your mortgage loan, oftentimes reducing payments and interest rates substantially; we can also seek reimbursement for additional expenses or damages you’ve suffered as a result of your lender’s or servicer’s conduct.  We do all this while minimizing the cost to you: in many cases, we are paid by the lender for our work. In others, we set up a payment plan that helps make sure you get legal help while still having the ability to meet all your other expenses.

Don’t risk your family’s home to mortgage rescue operations or low cost, high-risk bankruptcy lawyers; trust our dedicated lawyers to take care of the legal issues, letting you focus on your family again.

See if your question is answered below, and if it isn’t, give us a call and we’ll get someone working on your situation right away.

I’ve missed a lot of payments and now the lender wants thousands to catch up; what can I do if I can’t pay that money?

Most lenders have internal programs to rehabilitate loans, and many government agencies have plans in place to help you keep your house at a cost that’s affordable. We know all the programs, and know how to help present your situation to the lender in such a way as to make clear which programs benefit you – and if necessary enforce your right to participate in those programs.

I’m not sure my loan payments are being applied the right way, as the bills I get don’t make sense. Can someone help me figure out what’s going on?

The mortgage industry is more complicated than ever, with loans being transferred numerous times. This may leave homeowners in the dark about who their lender is and how their payment is being calculated. Errors in transfers of loans can result in hidden fees and charges and erroneous default notices. 

But our lawyers know how to use federal and state laws to force answers to your questions in less than 60 days, resolving any disputes and clearing up any concerns you might have.

My lender said I’m in foreclosure, do I have to move?

Absolutely not. Lenders use the phrase “in foreclosure” to mean anything from “behind by a payment or two” to “a legal action is pending.” But just because the lender says it doesn’t make it so: In Wisconsin, you have an absolute right to stay in your house, even after you’ve missed payments, unless and until a judge orders you to leave, and that can’t happen until after the lender files (and wins) a lawsuit, which might take months (if not years!).  During that entire time, you can live in your house without paying the lender anything, if you want.

I didn’t make all my payments, and everyone says there’s nothing I can do to avoid losing my house to foreclosure. Are they right?

They are wrong. Even if you have missed some house payments, a lender has legal obligations that extend from the time you first apply for a loan until the day you move out of the house, and a variety of state and federal laws protect homeowners from lender misconduct. We’ve found that many people are deemed to be in default because of lender error; many others who unfortunately miss a payment are not afforded their legal rights by lenders. In each of these situations, we can help slow down or even stop a foreclosure, and work with the lender to restore your loan to good standing.

Even if you don’t think your lender has done anything wrong, it’s important to talk to a qualified attorney, as oftentimes the errors are not obvious or the borrower may not be aware of his or her rights.

Types of cases:

  •   Foreclosure defense
  •   Lender liability
  •   Home loan fraud/misconduct/origination problems.
  •   Escrow account problems.
  •   Improper fees and costs added to loan.
  •   Refusal to answer questions from borrower
  •   Change of loan terms 

Help for homeowners is waiting for you. We have helped hundreds of people stay in their homes, even after other lawyers told them there was nothing they could do. We have forced lenders to pay tens of thousands of dollars to our clients in damages, and have stopped foreclosure suits dead in their tracks, and we have always done so in a way that is affordable to our clients – some of whom have ended up paying us nothing. Don’t lie awake at night worrying about what is going to happen to your family. Give our team a call and let us help you go back to making your house a home.

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