Foreclosure

The DeWitt Law Firm has extensive experience with foreclosures. We represent both borrowers and lenders in the foreclosure process. We handle both commercial foreclosures and residential foreclosures. Sherri DeWitt has successfully argued constitutional issues regarding foreclosures and has written articles addressing these issues.

If you are a borrower and have been served with a foreclosure lawsuit, it is especially important to see an attorney immediately to assist in defending your foreclosure action. You only have 20 days from being served with the lawsuit to file a response or you may be defaulted and unable to assert any defenses you might have to the foreclosure.

The attorneys at the DeWitt Law Firm will review every aspect of your case with you. We will review the mortgage documents, the note, and the bank disclosures. We also can arrange for a third party to conduct an audit of the lender’s accounting policies and procedures to determine any irregularities that might give you a defense to the lawsuit. As part of our commitment to personalized legal representation for our clients, we evaluate each client’s individual circumstances to determine an effective plan of action. Fighting a foreclosure often can result in additional time to arrange for a sale, refinance or workout arrangement or in a mediated resolution more beneficial to a property owner than a final judgment of foreclosure.

Every property owner facing foreclosure proceedings should be represented by an attorney. In addition to filing the paperwork to defend the foreclosure action, your attorney can negotiate a loan modification with your Lender. If you own commercial property, then you may also need advice regarding the collection of rents on leases and payment of operating expenses. Lenders often continue to negotiate with borrowers during foreclosure proceedings. It is important to know that property owners must continue to protect themselves in the foreclosure action during this time. Negotiations do no protect property owners from ongoing consequences of the foreclosure lawsuit. You must continue to defend against the action while negotiations are pending. Do not fall into the trap of believing that the lawsuit will stop while you negotiate.

While we recommend that you contact us as early as possible once you realize you are facing foreclosure, we still may be able to help you even if you have waited until a few days before the sale date. Of course, it is harder and more expensive to defend against a foreclosure the longer you wait. However, it still may be possible to help you stay in your home. This is especially true if you have not yet been through the mediation process.

If you are a lender and need help with a foreclosure, we can inform you of the applicable foreclosure requirements and can guide you through the foreclosure process.

Please contact us if you need help with a residential or commercial foreclosure.

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• Foreclosure and Real Estate Articles

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• DeWitt Law Review - Foreclosure and Real Estate Radio Shows