Foreclosure Defense

Foreclosure defense can be complicated. Foreclosure is a legal process that allows a lender to take ownership of a property through the courts when a borrower defaults on their loan. In Connecticut, lenders have the right to start the foreclosure process after a homeowner has failed to make payments for 90 days. If you are facing a foreclosure, the quicker you get an experienced foreclosure defense attorney involved, the quicker your rights can be protected.

3 Types of Foreclosures

Connecticut has three types of foreclosures: judicial foreclosures, non-judicial foreclosures, and statutory redemption. The most used type of foreclosure in the state is judicial foreclosure. This involves filing a complaint with the court and having an auction for the property. Non-judicial foreclosures, also known as power of sale or deed of trust sales, are less common but still use auctions to transfer ownership from one individual to another. Finally, statutory redemption allows homeowners unable to redeem their property within two years from the date of judgment to use this procedure if they can pay all court costs and legal fees associated with the foreclosure.

Defenses to Foreclosure

When facing foreclosure, homeowners may pursue various defenses that could help them keep their home and their losses at a minimum. These include claiming that the lender did not give enough notice; challenging any falsehoods in documents related to the loan; declaring tax credits on the property; and arguing fraud or other illegal acts by either party involved.

Homeowners may also be eligible for certain relief programs administered by government agencies that can delay the sale of their homes. At the same time, they find alternatives, such as selling it themselves or getting a loan modification agreement with their lender. Additionally, some cities in Connecticut offer special services and counseling programs that help with housing issues including foreclosure prevention.

Considerations

When determining whether pursuing a foreclosure defense is worth it, homeowners should consider financial and emotional costs and any potential gains. Financial costs include attorneys’ fees and other legal expenses; emotional costs can include stress, anxiety, and other mental health concerns; finally, potential gains refer to any benefit you may receive from preventing your home from being sold or reducing your overall debt liability towards your lender.

Once you have decided to pursue a foreclosure defense strategy, you must file any necessary documents within your local court so a judge can review them. After filing documents related to your case you will attend hearings where both parties will present evidence and arguments. If either party does not appear at these hearings, default judgments may be issued against them without further input.

Filing for a defense against foreclosure can be an intimidating but ultimately rewarding endeavor if done correctly and efficiently. Homeowners need only remember what’s at stake – their homes – when deciding how best to move forward when faced with this daunting task so that they don’t suffer any unnecessary losses due to complicated legal matters beyond their understanding or control. 

Contact a Foreclosure Defense Attorney for Help

Are you at risk of losing your home in foreclosure? If so, don’t delay in contacting us. The sooner we get involved, the quicker we can start protecting your rights.  Contact our law firm today!