Mortgage Foreclosure Litigation
If you have been denied a loan modification or are facing foreclosure action from your lender, a real estate lawyer Phoenix locals rely on may be able to help you. A Phoenix real estate lawyer from Lorona Mead offers many legal services to clients. We may be able to help you stay in your home, recover compensation, or prevent foreclosure altogether. It is essential that you act quickly. Call us now to speak with a real estate lawyer in Phoenix.
Lorona Mead for a Real Estate Lawyer Phoenix Residents Choose
As a real estate law firm, we assist clients in all types of legal matters including mortgage litigation. We are able to assist in enforcing your rights and understand how to hold lending institutions accountable under relevant state and federal government laws. Rest assured we will exhaust every effort to help you keep your home. A real estate lawyer Phoenix community members turn to from our firm can create a strategic defense that may place you in a better position that allows you to negotiate with your lender. At the very minimum, it may force your lender to begin the foreclosure process over again; thereby giving you more time to work things out on your end.
Examples of Defenses Against Foreclosure
Even though you are being threatened with foreclosure, you will not necessarily lose your home. A real estate lawyer may review the lender’s case to develop a defense that could be used on your behalf. Some examples of a defense may include:
Lack of Standing – Depending on the state you are in, a loan servicer needs to be named on the mortgage before they can file for a foreclosure. If this name is not listed, a judge could dismiss the lawsuit because there is not a legitimate or legal interest in the case. This defense is the most effective.
Possession of the Note – A note is also called a mortgage loan and the original document is the only one that can be enforced against you, the borrower of the loan. A real estate lawyer Phoenix property owners call first may demand an inspection of the note to see whether or not a lender actually has it and is using it to foreclose on your home. If the mortgage has already be sold to another party, there should be endorsements on the document. The endorsement should name the lender as a new payee or another legitimate party. Without these elements, your case may be overturned.
Setoff – If your lender did not apply your payments to principal, but rather used them to pay off interest, it is known as a setoff. Depending on the terms of your loan, it is possible that a setoff is a violation of contract which could result in a lender’s case being thrown out of court.
Constructive Contract and Promissory Estoppel – If you and a lender agreed to a permanent modification and you made payments on time (with proof), you do not need a written contract. If the lender does not modify your loan based on this, a breach might have occurred. This could mean that they do not have the right to foreclose on your property.
Services We Provide
Lorona Mead has years of experience in helping individuals, investors, and other parties in litigating mortgage foreclosure cases throughout Arizona. While we understand the process of litigating contested foreclosure cases, we also know that litigation is not always best for our clients. In addition to litigation, we also offer mitigation and negotiation of documents including:
- Short sale documents
- Cash for keys agreements
- Repayment plans
- Stipulation plans
- Mortgage modifications
- Deed in lieu or foreclosure
Regardless of what your circumstances might be facing, if you are concerned about a lender foreclosing on your home, we encourage you to call our lawyers to find out if there are any options or resolutions available to you. For a fee consultation, please call Lorona Mead at 602-385-6825 today to speak with a trusted real estate lawyer Phoenix offers.
The Homeowners’ Association: Circumstances in Which Representatives May Enter Your Home
If you live in a community that has a homeowners’ association (HOA), you may want to consult with a real estate lawyer Phoenix relies on. A real estate lawyer in Phoenix, such as one from Lorona Mead, may be able to help answer some questions concerning HOA and your rights. If you have a real estate-related question, call to speak with a Phoenix real estate lawyer today.
A question that our clients often ask is whether you are required to allow an HOA representative enter your home. The problem with answering this question is that it really does depend on your HOA’s governing documents. A real estate lawyer Phoenix homeowners trust may be able to help you understand the rules of your HOA, as well as any relevant state statutes.
Most HOAs state that a representative can enter your home in an emergency situation. This includes health and safety reasons related to the home or to people inside the home. Additionally, most state laws also allow that a representative can enter the home if there is an emergency.
This is not something that a homeowner normally protests because it is usually in their best interest, but if you have questions about what is considered an emergency, you may want to consult with a real estate lawyer Phoenix offers to address your concerns.
Maintenance can be something that you overlook, but it is one of the reasons why an HOA representative may need to enter your home. The representative may need to enter your unit to access common air ducts or plumbing that runs to common areas or serves the building as a whole.
If a representative needs to enter your unit, they do usually give notice of a week or two before inconveniencing you. You may want to check your HOA’s governing documents to determine if they are required to give notice or not. Also, note that if there is an emergency situation with the plumbing or air, for example, you may not be given proper notice.
If you are suspected of breaking an HOA rule or regulation, a representative may be able to enter your unit on suspicion and do an inspection. In this case, you might receive warning; this depends on the rules of your HOA.
However, a real estate lawyer Phoenix provides may tell you that many HOA representatives are hesitant to enter a unit for an inspection. There isn’t always a clear requirement of evidence required to enter based on rule violations. Furthermore, if you’re given notice that an inspection will occur, it’s not usually helpful for the HOA because countermeasures can be taken to hide any rule violations.
If you have any questions or concerns about your Homeowner’s Association, or if you have concerns about other real estate matters, don’t hesitate to reach out to our firm. Our team of skilled real estate lawyers is capable of providing trustworthy and helpful counsel on a variety of real estate matters. To schedule a free consultation, or to hire a real estate lawyer Phoenix respects, call Lorona Mead today.