COLUMBUS FORECLOSURE DEFENSE LAWYER
Facing foreclosure in Columbus does not mean losing your home. It does not even mean you need to file for bankruptcy. There are many other alternatives that creditors do not want you to know about that will allow you to prevent foreclosure and keep your home. Many of these alternatives are difficult to achieve on your own since creditors hold more bargaining power. That is why you need an experienced legal team like the foreclosure defense lawyers at Sheppard Law Offices.
When you are facing a foreclosure in Columbus, you need to take action immediately. In Ohio, someone facing foreclosure has 28 days to file an answer with the court. If an answer is not filed within those 28 days, the lienholder can receive a default judgment and you can lose your home.
This is why you need a foreclosure defense attorney in Ohio to represent your interest in your home.
You likely are not sure what to expect when it comes to the rules of foreclosure in Ohio. There are several ways a foreclosure defense lawyer can protect your home. The first thing a foreclosure defense attorney does is file a Notice of Appearance with court. This puts the court, as well as the lienholder, on notice that you have legal representation and that the Plaintiff can no longer contact you directly regarding the foreclosure; they must contact your attorney. Your defense attorney then files an answer on your behalf to avoid the risk of you getting a default judgment against you.
Kenneth Sheppard, Jr and the skilled foreclosure attorneys at Sheppard Law Offices will point out mistakes and discrepancies within the plaintiff’s complaint when filing the answer. Our team will raise affirmative defenses against the foreclosure in Columbus. These could include federal and state violations of lending laws, including Real Estate Settlement Procedures Act (RESPA), Truth in Lending Act (TILA), and The Home Ownership and Equity Protection Act (HOEPA), misrepresentation and fraud.
Rules of Foreclosure Defense in Ohio
Ohio is a judicial foreclosure state which means the lender must go through the court system in order to foreclose on your property. This means that specific, procedural steps are required and if the lender violates any of these steps, your attorney will raise the issue with the court for remedy. According to the rules of foreclosure, the lender cannot begin foreclosure proceedings on your home until you are 120 days past due. Moreover, the lender must file a lawsuit in the appropriate county and must receive a judgment before they can sell the home and pay the debt with the proceeds.
This process allows your defense attorney to explore all alternatives and options that are available that will prevent your home from being foreclosed upon. These options include mortgage modification and foreclosure mediation.
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Is Mortgage Modification or Foreclosure Mediation Right for You?
Mortgage modification is a process by which your attorney represents you before the lender to alter and reconstruct the terms of your loan in order to get you in a payment plan that you can afford. Foreclosure mediation is where you and your attorney meet with the mortgage lender and their legal counsel before a neutral mediator. The mediator facilitates conversation between the two parties and makes suggestions to encourage the parties to reach a settlement with which both parties are happy. This settlement is then put into writing and becomes binding. The attorneys at Sheppard Law Offices are skilled negotiators who will negotiate methodically on your behalf during mediation and any other settlement conferences.
However, the longer you wait the less options you will have which will allow you to keep your home. Therefore, it is essential that you contact a foreclosure defense attorney right away in order to thoroughly explore all options that will provide you with the best outcome.
At Sheppard Law Offices, our attorneys are experienced in court procedure and will use that experience to defend your interest in your home. Do not be intimidated by a foreclosure action. Allow the skilled legal professionals at Sheppard Law Offices to defend you against creditors and represent you in the fight to keep your home.
We offer a free consultation and also specialize in IRS Tax Issues, Chapter 7 & Chapter 13 Bankruptcy. If you are ready to begin the fight to defend your home, please do not hesitate to contact our five offices located in Columbus and throughout the State of Ohio online or by dialing our toll-free phone number at (877) 505-9455.