You’ve been served with a foreclosure complaint, now what? You can work with the bank suing you and “trust” that it will work with you to refinance or do a loan modification. You can file a Chapter 13 bankruptcy. You can try to sell your home through a short sale. You can do nothing and allow the bank to take your home. Or you can fight back in court.

Call (502) 473-6525 or email us for a free consultation

Fighting Back can Gain you Time

If you fight back, you don’t have to pay your mortgage while the lawsuit is going on, but you still get to stay in your home. This gives you time and leverage to work with the bank in order to reinstate or modify your loan; time to file and prepare for bankruptcy; or time to save money to make a move easier on you and your family.

Defenses and Options

You may have good defenses and counterclaims that you can raise against the bank. For example, you may have defenses for violations of the federal Truth in Lending Act and the state statutes against predatory lending. And there are loan programs, such as HAMP, that you might be able to take advantage of. You also may have a defense based on the failure of the bank suing you to produce the note on your house or show it is a holder of the note entitled to enforce it. Unless and until the bank can show that it is a holder of the note, it cannot foreclose on your house. And this occurs a lot more often than you might think.

Free Foreclosure Review

I can you review the lawsuit against you to determine whether you have any of these defenses. The initial consultation is free. I will explain your options in clear, plain language. But if you don’t contact me, please contact another attorney. You have a mere 20 days from the time the complaint is served to file an answer. If you don’t respond to a complaint within this time, it becomes more difficult for you to protect your rights. But you still have options and may have valuable defenses. So please, don’t wait. Call us or another attorney before you lose valuable legal rights.