Foreclosure Defense

Foreclosure defense is a cornerstone of our practice. As a full-service firm, we offer a variety of options and strategies.  Whether you wish to save your home or simply buy time for as long as possible until you have to leave, we can help. See below for some of our strategies.

Bankruptcy Options

Stopping or resolving a foreclosure through bankruptcy can be a viable option.  While it is not our first option in most instances, it can be a useful tool in the process or fall back position to have in your pocket.  There are times when bankruptcy can be the best choice out of the gate.  We have options where a chapter 7, chapter 13, chapter 20 (combining a ch 7 and ch 13), litigating inside the bankruptcy, or pushing for a loan mod during, prior, or after a bankruptcy is filed.

Foreclosure Mediation Act Representation (RCW 61.24.163)

The Foreclosure Fairness Mediation Act (FFMA) became law in Washington State in 2011 (see RCW 61.24). The FFMA requires that homeowners are offered a chance to mediate directly with the bank holding the loan to see if a loan modification, deed in lieu, or other work out is possible. We represent homeowner’s in FFMA meet and confer and mediation hearings.

We help you to be successful at your FFMA mediation by seeing if you pass the net present value test (NPV test) which is the baseline test to see if you qualify for a loan modification. Additionally, we analyze title documents and mortgage loan histories for errors or fraud. If fraud or error is found, we can use this to help obtain a favorable loan modification or to pursue a civil suit on your behalf. If during mediation your bank will not negotiate in good faith, this can be a defense to the foreclosure.  Whether you have received a notice of pre foreclosure options letter, notice of sale, or notice of default, we can help.  However, you can only elect mediation from the time the notice of default posts to twenty days after the notice of sale is recorded.

Fraud, Produce the Note, and Quiet Title Litigation

Financial Institutions are not exactly upstanding corporate citizens in many instances.  Checking the news reveals numerous scandals, settlements for violation of laws, and a general abuse of the legal process- especially in regard to unrepresented individuals.  Having worked on the bank side, we understand the types of things that happen and can help reveal how your rights have been violated.  We can attack the standing of a bank, servicer, or beneficiary and attack the documents that they use to support their claim.  If the creditor cannot prove their claim, we can even file a quiet title action on your behalf.

Judicial Foreclosure Defense

Judicial Foreclosure is a frightening prospect as not only are you being sued, but you could be responsible for the deficiency judgement (the different between what is owed and the auction price) as well as the tax consequences.  We can defend against this by attacking the chain of title, the accounting, and other essential evidence that the bank must provide to support its claim.  Further, we can provide alternate options to resolve while this defense occurs ranging from loan modification to bankruptcy to referrals to alternate financing options.  As former attorneys who worked in the foreclosure world, we have many options to defend your home and can give you a competitive edge due to our experience.

Loan Modification Options

We offer loan modification services. A successful loan modification stops the foreclosure process. We can determine if you should qualify for a loan modification by analyzing whether you pass the net present value test (NPV test). We offer both a full service option where we handle each part of the process as well as a low cost assistance only option where we help you to prepare your own loan modification package.

Mortgage Fraud Litigation

There is a great deal of fraud in the mortgage industry ranging from predatory loans, to bad title, to accounting fraud.  If you suspect that you may be a victim of mortgage fraud, we can help.

Non-Judicial Foreclosure Defense

We have numerous ways to defend against a non-judicial foreclosure.  The Deed of Trust Act requires strict compliance and any failure to follow a procedure can result in the foreclosure being stopped or delayed.  Further, you can mediate inside a non-judicial foreclosure to try to obtain a loan modification, bring a temporary restraining order to stop a sale, or use bankruptcy & litigation as a fall back.

Strategic Default & Bankruptcy Consultation

There are times where you may want to stay in your house but you are unsure if it is worth it to fight or better to leave.  You also may already know you need to leave but you are not sure when.  We can help.  We can go through the cost-benefit analysis if you are to strategically default, help you come up with a plan to get through the time from default to foreclosure sale, fight to extend that time or to resolve with a beneficial loan modification or settlement, and help to discharge any debt you acquire with a strategic bankruptcy.  Our consultations are flat fee and will help walk you through a one to three year period of what to expect during the default and foreclosure process as well as a plan of attack on how to deal with it.

Temporary Restraining Order Against Foreclosure Sale

The Washington State foreclosure process has many requirements. If the foreclosure trustee takes short cuts and does not follow the process exactly, we can obtain a temporary restraining order to stop the foreclosure sale until the defects are cured. Sometimes, this requires the foreclosure process to be restarted entirely. Additionally, if the bank does not have the proper documents or does not follow the requirements of Washington’s Deed of Trust Act (see RCW 61.24) we can obtain a restraining order against the sale. Many times, if there are enough facts in your favor to obtain a restraining order, there are enough facts to file a civil claim for damages.

Wrongful Foreclosure Litigation

Many Foreclosure Trustee’s do not follow the law and foreclose wrongfully.  Issues of proper notice, procedure, chain of title, and holding the note can all be a basis for stopping a foreclosure and recovering damages.  We can file a temporary restraining order to stop a sale, litigate the issue in state court, or even file a bankruptcy and litigate the issue inside bankruptcy court.

Other Options Not Requiring an Attorney

While we are a law firm, that does not mean we do not understand and recommend non-attorney options when they are to your benefit.  There are times when financing may be superior to litigation or appealing to social media to shame an abusive bank is more likely to succeed.  There are also times where you need the advice of an attorney so that you can represent yourself.  We have a deep referral list of professionals that can help you and are happy to prepare you on how to represent yourself if that is your preference or refer you as desired.

Call Us Today to Learn About Your Legal Options: (206) 535-2559

Foreclosure defense is a nuanced area of law which requires an understanding of the foreclosure process, the financial consequences of foreclosure, and related areas of law allowing you to stop, delay, or set aside a foreclosure. At Washington Debt Law, foreclosure defense is a cornerstone of our practice. Call us today to see how we can help keep you in your home.