Frequently Asked Questions About Foreclosure

Did your bank have the right to foreclose your home?
This question cannot be answered with a simple yes or no. It is common for the bank that underwrites your mortgage to sell the mortgage to another bank. Then sometimes the second bank sells it to a third bank. Whether the bank foreclosing on you home has standing to bring a foreclosure lawsuit is a question that requires an investigation to ascertain whether the bank actually has the ability to foreclose on your home. The legal issue is referred to as standing to bring a foreclosure lawsuit.
What alternatives does a homeowner have when faced with foreclosure?
If the homeowner is served with a summons and complaint he or he must initially prepare and file an answer to the foreclosure complaint with the court and the bank’s attorney and appear in court for scheduled court appearances before utilizing any of the other options. In addition, the homeowner could apply for a loan modification. The homeowner can bring the arrears current by paying them and/or the homeowner can enter into a forbearance agreement. In addition, the homeowner can file either a Chapter 7 or Chapter 13 bankruptcy. A short sale or deed in lieu are foreclosure additional options available to homeowners. The best way to ascertain what the homeowners best option is is to consult with an experienced foreclosure defense attorney as soon as possible.