Tucson Arizona Foreclosure Defense Attorney
What is foreclosure defense?
Homeowners have used a variety of methods to stop or stall foreclosures, including delaying or stopping them entirely. The legal approach taken by these homeowners is known as foreclosure defense.
Our office stops a trustee sale (foreclosure) by filing a bankruptcy case, invoking the federal automatic stay.
How Meiners Law Office Can Help
An automatic stay is a court order that immediately stops most collection actions and all creditors’ efforts to collect a debt from you.
The moment the bankruptcy petition is filed, the automatic stay goes into effect.
Creditors are then notified that they must cease collection activities, and they may not even attempt to contact you about the debt.
Please note, however, that the automatic stay does not relieve you of your obligation to pay the underlying secured debt for those assets you wish to keep; it only stops creditors’ collection efforts for a period of time. A Chapter 13 case is often used to fix accumulated mortgage arrears, so that you are deemed current and no longer face risk of foreclosure or trustee sale.
If you are facing a trustee sale foreclosure, contact us today to schedule a free consultation.
During the consultation, we will review your unique situation and help you decide if bankruptcy is the best option for you. If it is, we will take immediate steps to protect your interests and help you save your home.
Foreclosure defense is the legal process of defending a home against foreclosure. In state court, this can be done by challenging the lender’s right to foreclose, or by raising defenses that may delay or prevent foreclosure. Alternatively, a bankruptcy filing will stop foreclosure under the federal automatic stay and give you time to cure up any arrears. Many bankruptcy courts, including those in Arizona, participate in mortgage modification programs as well to allow you to modify the mortgage under more favorable terms.
There are many reasons why someone might need foreclosure defense. For example, if you believe that your lender does not have the legal right to foreclose on your home, or if you have defenses that could delay or prevent foreclosure, you may need to file a foreclosure defense lawsuit.
You should talk to an experienced foreclosure defense attorney to find out if you have any defenses to foreclosure.
The cost of hiring a foreclosure defense attorney will vary depending on the specifics of your case. However, you should expect to pay a retainer up front, as well as hourly fees for the attorney’s time.
It is possible to represent yourself in a foreclosure defense lawsuit; however, it is generally not recommended. The foreclosure process is complex and technical, and banks have formidable legal teams to advance their claims. You will likely have a better chance of success if you hire an experienced foreclosure defense attorney.
Meiners Law Office, PLC
Address: 4400 E Broadway Blvd
Suite 600S, Tucson, AZ 85711
Phone: (520) 777-2198