You would miss this opportunity if you filed for bankruptcy Louisville Foreclosure Attorney after your home is sold in foreclosure. Our clients experience relief and hope in life after bankruptcy. The best time to hire a foreclosure attorney is before the foreclosure process officially begins.

 

However, you will still have to catch up on your house payments if you want to keep your property. But if you respond to the lawsuit, the case will go through the litigation process. The lender might then request the court to grant summary judgment. A summary judgment motion asks that the court grant judgment in favor of the lender because the case’s critical aspects aren’t in dispute.

 

Is It Better To Foreclose Or File Bankruptcy?

 

If the home is not a good deal, then the homeowner typically wants to give himself time in the house so the family can make a smooth transition to a new home. It is also essential to avoid damage to your credit, a deficiency, and an income tax debt. To give yourself time you may want to defend the foreclosure by filing an answer, discovery, summary judgment, or request for mediation. The attorney should review the loan for RESPA and TILA violations along with many other possible defenses. When the mortgage company files the foreclosure with a history of the mortgage payments, the homeowner should first sit down and look at the home objectively. If the home has equity, the home fits the needs of the homeowner, and the mortgage is at a reasonable rate you may want to keep the house.

 

We Stop Kentucky Foreclosures, Lawsuits, And Garnishments

 

Our Foreclosure Department is staffed by skilled real estate attorneys licensed to practice in the states of Ohio, Kentucky,Indiana and West Virginia. Foreclosure defense offers options for a homeowner who falls behind on a mortgage, such as alleging lender misconduct or negotiating a loan modification, repayment plan, forbearance agreement, or short sale. If you’re facing foreclosure and you want to defend against it, working with a foreclosure attorney is your best bet.

 

You can find out what your grace period and late fees are by looking at your promissory note. This information will also be on your mortgage statement each month. As unpleasant as it seems, it is essential to stay on top of the issue. You should keep in mind that banks typically don’t want to take your Louisville home.

 

“You won’t find a more conscientious, competent, or nicer attorney than Tracy Hirsch. If you find yourself in a situation where you have no choice and may lose your home, certainly call Tracy. If you’re unsure if your particular debts will allow you to file, here’s how to determine if it’ll help your specific situation. Learn about what bankruptcy is, and what your legal rights are when it comes to your assets. We tried to sell it with our Realtor for months and nobody wanted it.

 

For a bank, a foreclosure is simply a last resort to cut their losses. Kentucky Legal Aid is the only free, civil legal services provider in South-Western Kentucky. Since 1977 we have specialized in providing top-tier legal assistance to people living in poverty, the disabled, and senior citizens. Many Kentucky mortgages have a provision that requires the lender to send a breach letter if you fall behind in payments. If you don’t cure the default, the lender can accelerate the loan (call it due) and go ahead with the foreclosure.

 

We spend time with you to ensure you achieve your needs, get a fresh start, and get out of debt. We do less than 20 cases monthly to ensure each client gets the needed attention, debt relief, and a better future. Take control of your situation and contact Winton & Hiestand Law Group, your trusted partner in protecting the rights of consumers. Our team of skilled attorneys are here to offer their legal expertise and guidance, ensuring that you can have peace of mind and relief from the stresses of legal battles. Many people whose vehicles have been repossessed believe they do not have any rights because they fell behind in the payments. Even if you defaulted on your auto loan, you still may have certain rights in the vehicle under the law.

 

If you are still in the house after 10 days, the new owner can get a writ of possession from the court and the sheriff can set you and your things out of the house. A Chapter 13 bankruptcy can allow you to catch up on your mortgage over a three-to five-year period while you make your regular monthly mortgage payments. Either a Chapter 13 bankruptcy or a Chapter 7 bankruptcy can help you get rid of lower-priority debts so that you can focus on your mortgage and other essential bills. The court will enter a judgement of foreclosure, say how much you as the homeowner owe the lender and give you a short time to pay the full amount. If you don’t pay within that time, the property will be sold by an officer of the court.

 

This gives borrowers ample time to submit a loss mitigation application. Missing one mortgage payment often does not lead to foreclosure. Once you default, your servicer must send you a notice of default. This is usually done once your payment is overdue by at least 30 days.

 

A Lawyer can increase your chances of keeping your home, and help minimize the financial impact if keeping it proves impossible. Typically, a plaintiff performs a title search to find any party that may have an interest in the property. The failure to include parties can cause the sale to have problems later. The Commissioner usually is very careful to insure the lender follows proper procedures. A Lis Pendens merely warns potential buyers the property has pending litigation.

 

Judicial foreclosures require a court-ordered sale of the home. However, federal laws give you added support and rights during the whole process. However, the borrower only gets a short time to respond to a complaint after it is filed. If the borrower fails to pay within that time, the Commissioner then advertises and holds a sale of the property. If you’re behind in payments and have mounting debt, then you’re facing one of the most difficult challenges a person can face. Fortunately, if you find yourself in this situation, you’re in the right place.

 

These are just some of the reasons to consult with an attorney if you’re facing a foreclosure. Stites & Harbison has a rich tradition of pro bono service in the communities where our attorneys work and live. Our firm has been recognized annually by the Nashville Bar Association for its pro bono contributions. In Louisville, we were recognized as a Public Service Challenge Pacesetter by the Louisville Pro Bono Consortium, based on the firm’s commitment to devote 50 hours per lawyer annually to pro bono publico causes. Tax law covers issues involving federal, state, and local taxes for individuals and businesses, ranging from compliance and tax avoidance strategies to audits, tax debts, and disputes with tax authorities. A loan default occurs when you fail to do what the mortgage note requires.

 

Our Bankruptcy Attorney, Tracy L. Hirsch, has 23 years of experience, and has filed over 2,000 cases. Her attention to detail and extensive knowledge of local bankruptcy rules, means that things are done correctly the first time. With MDK, you’re working with a firm that serves clients better than expected and beyond the ordinary. We create uncommon paths to success for our clients and ourselves.

 

I personally prepare your consumer bankruptcy, foreclosure defense, or small business bankruptcy case. We usually have two consultations a free consultation for 2 hours and 2-3 hours with you to ensure your petition is perfect. Bankruptcy attorneys should never pass clients off to a paralegal or inexperienced junior lawyer after the law firm collects. The LII Lawyer Directory contains lawyers who have claimed their profiles and are actively seeking clients. If you default on your mortgage payments in Kentucky, the servicer (on behalf of the loan owner, called the “lender” in this article) will eventually begin a foreclosure. Kentucky law specifies how foreclosures work, and both federal and state laws give you rights and protections throughout the process.