Have You Been Denied a Loan Modification?
Many of our clients have tried for weeks or months to get a loan modification on their own, but gotten nowhere. You might be in foreclosure even though you are ready, able, and willing to avoid it. Your mortgage company should be able to evaluate you for multiple options:
▪ Loan Modification with Lower Payments
▪ Loan Modification with No Cash Out of Pocket
▪ $4,000 to $10,000 to You if You Want to Move
▪ Reinstatement with Waived Fees or Costs
▪ Release from all Future Liability on the Loan
▪ Short Sale or Short Payoff
▪ Deed in Lieu of Foreclosure
Having a lawyer help can make a big difference. If you have hit a brick wall with your mortgage servicer, we might be able to help. We regularly get our clients loan modifications when they have been previously denied. Call us at (888) 200-9824 to see if we can help you get a loan modification too!
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"During the last big recession we found ourselves in a very bad spot and needed help with foreclosure defense. We were underwater due to major medical bills, the housing market crash and really had lost hope. Our luck changed when we found Troy Doucet. Troy and his entire staff worked much harder than I ever expected on our case. We always felt like they were doing their best to help us as they explained our options so that we felt confident with our decisions. I can't say enough about how much they helped us get through bankruptcy and foreclosure. Almost 10 years later, we are doing great and it is still one of the best decisions we made. Thanks to Troy and his staff!" - Sean L.
"Our mortgage company was very unwilling to work through our situation, and the first lawyer we used must have been exclusively used for bankruptcy, because they did nothing while the bank just went ahead with the foreclosure process. Our friend at church recommended Troy, who did not disappoint.
The house we were still living in was on the auction block already, and we were out of hope, when Troy filed a RESPA claim within days of us retaining him. It was a solid, thorough case done at lightning speed, and definitely got the bank's attention as they immediately halted the foreclosure.We were able to stay in the house for about another year while we negotiated a more reasonable exit strategy, with compensation that more than covered our legal expenses! I have no doubt that we would have actually won a summary judgement with Troy leading if that was what we wanted.
We love Troy and his team, and gladly recommend them to everyone. His own personal story is tragic, so take the time to read it, and you will definitely see that he took the knowledge from that tragedy and has been helping so many others with it. Definitely call Doucet Gerling!" - Kristina B
What is Foreclosure?
Foreclosure is the legal process to take property and sell it to recover money owed under a loan. People refer to foreclosure as a thing, but foreclosure is a legal process. The foreclosure process begins with a lawsuit being filed in court. That lawsuit asks for two things. The first is for money owed under a loan. This amount will include some junk fees and court costs. Ohio prohibits the bank from obtaining its attorneys’ fees in a foreclosure lawsuit. In order to defend against the first count, we can do any of the following:
- Defend the foreclosure.
- Challenge the amount owed.
- Challenge the plaintiff's standing to bring the claim.
- Argue the note transfer process was defective.
- Pursue a TILA rescission claim if it is available.
- Raise other defenses or claims, such as claims under RESPA
The second thing requested in a foreclosure lawsuit is to sell the property to pay off the loan. The right to sell the home is found in the document called the mortgage. This part of the lawsuit is what makes a foreclosure different than other kinds of lawsuits. Suing for money is just a run-of-the-mill breach of contract. Adding in the mortgage makes it a foreclosure. Our foreclosure defense lawyers are familiar with these causes of action and defending them.
If a homeowner does not answer the foreclosure lawsuit (or loses the lawsuit), the bank gets the right to sell the home to pay back the loan. A judge can also order judgment against the homeowner for the amount of the loan as part of a foreclosure lawsuit. Then the bank asks the sheriff to appraise and sell the home. A foreclosure auction is scheduled, the home is sold, then the loan paid off.
By Not Responding to the Foreclosure and Losing the Case, You Risk:
- Default Judgment
- An Order Selling Your Home
- Judgment Against You Personally
- Garnishment of Wages
- Attachment of Bank Accounts
- Significantly Damaged Credit
- The Embarrassment of Foreclosure
- The Inability or Challenge of Obtaining Future Home Loans
If the amount of the auction does not cover the full amount of the bank's loan, then the bank may have the right to take a deficiency judgment. That allows the bank to seek payment directly from you until it gets all its money back. If there is extra money from the foreclosure sale, you are entitled to keep that money. However, you will need to ask the court within a short period of time to send it to you. We will work hard to help you save your home from foreclosure, or not face a deficiency if you decide to give it up.
How Does Doucet Gerling help?
If your foreclosure case includes litigation, the foreclosure defense lawyers at Doucet Gerling will:
- Enter an appearance in court on your behalf
- Answer the foreclosure lawsuit
- Conduct discovery
- Take depositions
- File and respond to motions as appropriate.
We do these things to ensure the bank has crossed its “t’s” and dotted its “i’s” with the goal of saving your home from foreclosure. Practically, this process creates a lot of work for the bank. It also creates a risk of loss for the bank if it does not have its paperwork in order before it filed the foreclosure. This uncertainty in the foreclosure process creates leverage for you and how a good Ohio foreclosure defense lawyer helps.
Almost all contested litigation ends in settlement, which means a deal is likely at some point. However, the deal will vary from case to case and from one foreclosure defense lawyer to another. We have found that the better the case and the better your foreclosure lawyer, the better the settlement. That is why we work hard and actively litigate each foreclosure case for our clients. Our foreclosure defense lawyers commonly answer, file counterclaims, and thoroughly litigate foreclosure cases on behalf of our clients. We believe that an aggressive foreclosure litigation strategy yields the best results. While not every case results in an amazing result, we regularly see our clients secure foreclosure settlements that meet all of their objectives plus some.