Wichita Foreclosure Attorneys
Providing Legal Insight to Homeowners Struggling With Mortgage Payments
Homeowners who are unable to make their monthly mortgage payments are subject to the loss of their house through foreclosure by the lender. Unforeseen circumstances can make it difficult for well-meaning borrowers to meet their financial obligations. Such as job loss, medical bills, repairs due to natural disasters, and more.
How to Stop Foreclosure in Kansas
Contacting your lender is the first step you should take in order to avoid losing your property. Simply working with a lender and a qualified foreclosure attorney knowledgeable in financial laws can help you avoid foreclosure on your home.
If you cannot make your timely mortgage payment, you need to seek advice from a Kansas bankruptcy lawyer who is experienced in helping people retain their property.
When Does Foreclosure Start?
Foreclosure typically starts when a loan has been delinquent for more than 120 days. However, there are a few circumstances when a foreclosure may begin sooner, for example, if you violate a due-on-sale clause.
What Is Preforeclosure?
Before foreclosure begins, there is actually a “preforeclosure” period. In preforeclosure, the servicer is allowed to charge you late fees. They must also send you a “breach letter” which informs you that conditions have been breached and that you are in default. The letter will detail why you are in default and provides options on how to remedy the default and avoid foreclosure.
Are you in preforeclosure? Get in contact with our Wichita foreclosure defense attorney during a free initial evaluation. Call (316) 613-0952 today.
What Are My Options If I'm Facing Foreclosure?
You can and should take an active role in avoiding foreclosure. Below are some options you should take into consideration if you are facing foreclosure in Kansas. Unsure which is best for you? Not to worry, do not hesitate to get in touch with a foreclosure defense attorney in Wichita at Kansas Bankruptcy Center -- your initial consultation is free of charge and we are more than happy to answer your questions.
Some foreclosure defense options to consider:
- Reinstatement by making a lump sum payment to stop a foreclosure by a specified date bringing your account current
- Forbearance, or a temporary agreement that suspends payments for a short time period.
- Payment plan creation, which allows the borrower to combine past due payments with current due thus allowing a higher payment to catch up over a designated time period
- Loan modification enables the borrower to restructure the loan terms and may result in a small interest rate, decreased loan amount, and lower monthly payments
- Federal foreclosure help implemented by the U.S. government for troubled homeowners. This option has specific qualifications such as good credit history and a record of timely monthly payments
Can An Attorney Stop A Foreclosure?
Yes, an attorney who specializes in foreclosure defense can help stop a foreclosure. If your home is being foreclosed, get in touch with an experienced attorney who can defend you. Here are some key ways in an attorney can help you:
- Legal Expertise: A foreclosure defense attorney has in-depth knowledge of foreclosure laws, regulations, and procedures. They can review your case, assess the legality of the foreclosure process, and identify any potential violations or errors made by the lender or servicer.
- Protection of Rights: An attorney will work to protect your rights throughout the foreclosure process. They can help ensure that your lender follows all legal requirements and adheres to proper procedures. If there are any unlawful practices, they can take appropriate legal action to challenge the foreclosure and protect your interests.
- Negotiation and Mediation: A foreclosure defense lawyer can negotiate with the lender on your behalf to explore alternative solutions, such as loan modifications, repayment plans, or short sales. They can engage in mediation or settlement conferences to find a solution that allows you to keep your home or reach a favorable resolution.
- Foreclosure Defense Strategies: An attorney can develop a solid strategy tailored to your situation. They can challenge the lender's claims, review the validity of the mortgage or foreclosure documents, and raise legal arguments to delay or stop the foreclosure from happening.
- Legal Representation in Court: If necessary, a foreclosure defense attorney can represent you in foreclosure litigation. They can file legal motions, attend court hearings, and present your case before a judge. Their knowledge of foreclosure laws and court procedures can significantly increase your chances of a successful result.
With the help of a foreclosure defense lawyer, you gain an advocate who will fight for your rights, explore all available options, and work towards stopping the foreclosure process completely. They can provide personalized legal advice, guide you through complex paperwork, and ensure that your interests are protected every step of the way.
Can You Stop Foreclosure Once It Starts?
It’s possible to stop foreclosure even after it has started, but it typically requires taking prompt and decisive action. Below are some options you may have to stop or delay foreclosure when it has already started:
- Contact Your Lender Immediately: Explain your situation and explore options for resolving the delinquency, such as loan modification, repayment plans, or forbearance. It's important to act quickly and maintain open lines of communication with your lender.
- Hire an Attorney: A foreclosure lawyer can assess your case and determine the best course of action.
- File for Bankruptcy: Filing triggers an automatic stay, which temporarily halts all collection activities, including foreclosure. Chapter 7 or Chapter 13 bankruptcy may provide you with an opportunity to catch up on missed mortgage payments and potentially save your home.
- Pursue Loss Mitigation Options: Work with your attorney to pursue loss mitigation options, such as loan modification or mediation, to negotiate with your lender and reach a resolution that allows you to keep your home.
- Seek Legal Remedies: If there are any irregularities or legal violations in the foreclosure process, your attorney can identify them and take appropriate legal action to challenge the foreclosure in court.
It's important to note that the availability and success of these options may vary depending on your actual circumstances.
Our Foreclosure Attorney Will Review Your Case for Free
Many people are taking advantage of the alternatives to foreclosure available to them. Attorney Douglas is a foreclosure defense lawyer in Wichita with years of experience helping people overcome their financial difficulties and stopping foreclosure on their properties.
He has advised clients throughout Kansas concerning their foreclosures. You only have a short time period to stop a foreclosure proceeding, so do not wait to consult with Attorney Douglas.