Facing a foreclosure is one of the most stressful scenarios you can find yourself in. Fortunately, losing your home is not necessarily inevitable. Depending on the circumstances, it may be possible to fight the proceedings and ultimately retain ownership of the property. Here are just a few possible ways to defend against foreclosure.

How to Fight a Foreclosure

1. Prove There Was a Procedural Error

Every state has strict guidelines that lenders must follow when attempting to foreclose on a property. These procedures aim to protect borrowers to some degree because they retain certain rights even if they fall behind on their payments. If the lender violates these guidelines at any stage, the borrower may be able to fight the foreclosure on the basis of the violation. 

2. Demonstrate Unconscionable Lending Terms

Loan agreements tend to be in favor of the lender; after all, there is a lot of money at stake for them. However, if the terms of your mortgage are utterly unconscionable, a judge may be inclined to halt any foreclosure proceedings. For this approach to work, the terms must be grossly unfair, and it must be clear that the lender was trying to take advantage of you financially. 

3. Declare Chapter 13 Bankruptcy

Also known as reorganization bankruptcy, chapter 13 can provide the breathing room you need to catch up on overdue mortgage payments, thereby preventing a potential foreclosure. If you think declaring bankruptcy is the answer to your financial hurdles, though, it’s important to act fast because commencing the proceedings too late could still end with losing your home. 

If you are struggling financially and think a foreclosure may be looming, turn to Padgett & Robertson, Attorneys at Law. Based in Mobile, their bankruptcy lawyers are proud to help clients throughout Southern Alabama regain their financial footing. Since 1978, they have been providing comprehensive counsel regarding debt relief. Their areas of expertise include wage garnishment, property repossession, medical bills, student loans, and property foreclosure. To schedule your free consultation and detailed financial analysis, fill out the form on their website or call (251) 342-0264. 

No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers.

We are a debt relief agency. We help people file for Bankruptcy relief under the Bankruptcy Code.