Even though foreclosures were down in the US by almost 20% last year there were still over 48,000 completed foreclosures in 2014 and almost 9,000 of those were here in South Carolina. Consider consulting or hiring an attorney if some of the following situations relate to your home loan.
You Want to Keep Your Home Because You Have a Valid Defense
If you have a valid defense to your pending home foreclosure, and you do not want to lose the home, now is the time to get a professional attorney. In many cases, you will either have to raise this defense in a courtroom by responding to your lender’s lawsuit or filing a lawsuit of your own.
Every case pertaining to foreclosure is unique, and these complicated nuances have the ability to either make or break your case. That being said, it is highly unlikely that a homeowner could mount a valid defense and stop the foreclosure proceedings without the help of a skilled attorney.
Here are a few examples of defenses that would most likely require the assistance of a foreclosure attorney:
- When the loan company did not follow the proper foreclosure procedures, as per the state-specific regulations that are set forth. All of our lawyers are familiar with the complicated South Carolina foreclosure requirements, and will be in the best position to inform you if any procedural mistake was made and could warrant a dismissal of your foreclosure case.
- If the party foreclosing on the loan can not provide adequate proof that they own your loan, a skilled foreclosure attorney will be able to analyze your defense and inform you how effective your this course of action will ultimately be.
- If the loan servicing company made any error with your account, our attorneys can review the details and help you to proceed with a strong defense. When a loan servicing company makes errors pertaining to accounts they manage, like failing to credit payments, misapplied funding, or charging non-allowable and unreasonable fees, we can help you build a case that can have the foreclosure case dismissed.
You Are Serving in the Military
Under the Service Members Civil Relief Act, (SCRA), people currently active in the military are afforded special protection from foreclosure proceedings. If the home loan was taken out before you went on active duty, the loan servicing company can not foreclose on the property unless they receive a waiver from you or a court order to do so. The SCRA is very complex and extensive for the average homeowner to understand. If you are currently on active military duty and have been notified your home is being foreclosed, our attorneys can help inform you of the rights you have under the SCRA and make certain the loan provider complies.
The Bank is Dual Tracking or Stalling and You Need Help with a Home Loan Modification
If your loan provider is currently dual tracking (pursuing loan modification and foreclosure simultaneously), or stalling the loan, they are in violation of federal and mortgage servicing rules and a skilled Greenville attorney can help safe your home.
Once the foreclosure process has been completed, it can be very challenging to get your home back. For this reason, you want to speak with a skilled foreclosure attorney quickly so they can make certain the house remains in your possession and is not put up for sale.
Also, you may check and see if stopping foreclosure mortgage help is available here: http://www.schelp.gov