Foreclosure Defense Resources

As a law firm focusing in protecting our clients from their creditors, we know that a cost efficient approach to your case is appreciated.  As part of our services, we provide many free resources to help you see if you can resolve whatever legal issues you are facing without our assistance or to handle the small things prior to bringing us in for the tougher things where you need a full service firm to take over.  Please take your time to review all of the resources on our site.  You are welcome to give us a call to schedule free 15 minute phone consultation.

Foreclosure Defense Resources

We appreciate you coming to our website and considering our firm to assist you.  We encourage all potential clients to consider free resources prior to retaining us if your matter is simple and the amount in controversy makes sense.  If you have questions, give us a call to see how we can help.

The page you are on now is for Foreclosure Defense Resources.  Below is our big list or resource pages by area of law.  Continue down the page for the specific Foreclosure Defense Resources.

  1. General Referrals (Pro Bono, Low Bono, Referral Services, & Government Agencies)
  2. Bankruptcy Resources
  3. Consumer Protection Resources
  4. Credit Report Resources
  5. Debt Collection Resources
  6. Family Law Resources
  7. Foreclosure Defense Resources
  8. Identity Theft
  9. Landlord Tenant Resources
  10. Lemon Law
  11. Small Claims
  12. Student Loans

Disclaimer: No attorney client relationship is formed by use of any of the below links, forms, instructions, or third party sites.  These resources are provided free of charge for use on a pro se (without an attorney) basis.  We recommend that you consult with our firm or a firm or other agency of your choosing to fully understand your rights, the availability of counter claims, and other relevant issues.

 

Foreclosure Defense Resources

There are numerous ways to save a home facing foreclosure:

  1. Bankruptcy (to avoid or amortize or delay)
  2. Finance (refi or loan to pay off arrearages)
  3. Litigation
  4. Loan Modification
  5. Settlement or Cure Arrangement

Depending on the issue you face, some of these techniques you can try on your own.  Refinance, loan modification, and Cure Arrangements are the most easy to do without an attorney.  The other techniques can be handled Pro Se but may be challenging, depending upon the amount of time you have to research.  Below are some organizations that can also assist:

 

Why Won’t they Modify my Loan?

If they would make money doing so, they would.  As it stands, banks and servicers typically manage the trust that your home is held by.  They make money by performing services on behalf of the trust- like foreclosing on you.  Also, in many instances, the same bank/servicer/trustee may be required to buy back your house- which of course means when they purchase it as auction for a fraction of the price and resell for top dollar they end up with even more profits.  The real question is why would they modify it when it makes no financial sense for them to do so?  They will not state this reason, rather, they will say they lost your paperwork, you didn’t dot and I or cross a T, or some other reason to victim blame.

There are times, however, that it does make sense to modify your loan.  Typically it is when you are upside down in value and a loan modification represents a better return than if it sold at auction.  Other times they will modify if there is a government program that will pay them a sum of money to modify.  Other times it is when the bank is missing your promissory note and wants to clean title via loan modification.

In general, the bank already knows if it wants to modify or not.  They either will or they won’t.  Do your best, submit your forms, and see what happens.

 

Foreclosure Fairness Mediation Program

This program was created, as an addition to the WA Deed of Trust Act (RCW 61.24), to force banks and servicers to actually review your loan modification application and give an up or down decision on it.  It is a good program overall and worth doing.

Time Frame to Apply: Once you receive your notice of default, you can apply anytime after that up until 20 days after receipt of the notice of sale (the document with a sale date).  Tip- apply early, before the notice of sale issues, so that it halts the foreclosure.  Once the notice of sale issues, the foreclosure and mediation occur simultaneously.

 

Should I do a Deed in Lieu?

Generally, no.  All it does is speed up the time until you are on the street paying rent at market rate.  It is not a significant difference in credit hit.  Also, there may be additional tax implications.

 

Tax Implications of Foreclosure, Short Sale, and Deed in Lieu

We are not tax attorneys.  In previous years, if your house foreclosed and it was your primary residence there was no tax implication.  However, you will want to confirm with a tax professional that this is still the case or it applies to your specific situation.

 

Questions?

We offer a free 15 minute phone consultation to review your options and see how we can help.  If you are looking towards a litigation, bankruptcy, or assistance while you represent yourself Pro Se, give us a call.