Are you getting
behind on your mortgage? Have
you received a notice of foreclosure? Are
you unsure whether you might be a candidate for a mortgage modification?
Then consider the following.
Residential foreclosure cases are like proverbial "snowflakes."
No two are exactly alike because no two homeowners are exactly alike.
And, because statutes, regulations, and case law affecting this
area are evolving almost daily, no two cases will merit the same
There are many who claim expertise in "mortgage assistance"
or "preventing foreclosure." But, anyone who guarantees
they will stop a foreclosure or get your loan modified should not
be trusted. People
with mortgage issues should be skeptical about silver-bullet solutions
touted in billboards, newspapers, the Internet, and other media.
(The Federal Trade Commission's website
Assistance Relief Scams" will provide some eye-opening
While bankruptcy should be carefully considered and ruled in or
out as an option, it is not always the best or only solution. While
a bankruptcy "automatic stay" might stop a foreclosure
for a few weeks, it's often the case that a creditor will seek and
receive a court order "lifting" the stay to allow the
foreclosure to proceed. Pursuing a negotiated mortgage modification
or forbearance program, filing a meritorious law suit for
wrongful foreclosure, or sometimes a properly-prepared bankruptcy
case joined with an adversary proceeding, is more likely to offer
a means of permanently protecting your home from foreclosure.
Competent law firms with expertise in the legal fields related to
foreclosure (such as real estate, secured lending, bankruptcy, trial
practice, and consumer law) should be able to identify and evaluate
issues peculiar to each client facing mortgage-related issues.*
In addition to its highest ratings in trial practice, Richard S.
Alembik, PC has been recognized for its expertise in real estate
law, secured lending law, and consumer law related to mortgages
under various state and federal consumer-protection provisions (GRMA,
RESPA, TILA, and their corresponding regulations under the Dodd-Frank
Act, to name a few).
In evaluating your situation, consider the following points:
Because your bankruptcy options are severely
limited after a foreclosure sale, do not wait until then
(or even close to then) before consulting with a knowledgable
attorney or a HUD-approved
housing counseling agency about your options;**
(2) Because certain rights you might have
under civil consumer-protection laws may expire under applicable
statutes of limitations, you should consider consulting
with a competent attorney about available rights and remedies
before it's too late; and,
(3) Because certain government programs like Making
Home Affordable and the Emergency
Homeowners' Loan Program will expire soon (and may not be
extended or replaced) your proverbial sands of opportunity may
be running out faster than you think.
faced with mortgage issues should not hide their heads in the sand.
We know that if you are reading this page you may be experiencing
financial and emotional stress that you never imagined could happen
to you. But, we also know that when you shake the sand out of your
hair, get competent advice, and address your problems in resolute
fashion, there is reason for hope.
Allow us to study whether, working together, we can team up to face
your challenges. Call us to set up a confidential
initial legal consultation to identify and discuss your available
Other than advice from a competent attorney, the firm believes that
the next most trusted source of information on foreclosure-related
matters is the website maintained by the National
Association of Consumer Advocates (NACA) and its suggested links
The following are some of the Atlanta bankruptcy firms with which
the firm often collaborates: Ellenberg,
Ogier, Rothschild & Rosenfeld, P.C., The
Rothbloom Law Firm, The
Law Office of Shannon D. McDuffie, P.C., Jason
L Pettie, PC, and The
Law Office of Evan M. Altman. The firm often refers its clients
and prospective clients, before they meet with it, to one of these
firms for the purpose of gathering information
on the type of protection available under bankruptcy law,
ruling in or out bankruptcy as a solution to foreclosure, eligibility-screening,
Used with permission of Leyes
Cotidianas, which reserves all rights.