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Foreclosure Defense Attorney in Columbus Ohio

TALK TO A BANKRUPTCY ATTORNEY TODAY (877) 505-9455

 

Defending Your Home Against Mortgage Foreclosure

 

Saving your home - Foreclosure Defense Lawyer in Columbus, Ohio

Ohio is a Judicial Foreclosure State, therefore the home foreclosure process is handled through the courts. While the mortgage holder can begin the foreclosure process the day following your first missed payment, most lenders will not file for foreclosure until the homeowner is 3-4 months behind on their mortgage payments. Depending on the mortgage agreement, the homeowner may receive a notice of default or intent to accelerate letter demanding payment of the past due amount by a certain date, this is usually received about 30 days prior to the mortgage holder filing the foreclosure paperwork with the Franklin or other county Court of Common Pleas. If you receive the intent to accelerate or notice of default letter and are unable to pay the past due balance, now is the time to contact Columbus, Ohio foreclosure defense attorney Ken Sheppard. By contacting us early-on we can determine the most viable resolutions for your specific situation, including possible mortgage modification, forbearances, or other alternatives.

 

Once the foreclosure paperwork is filed with the court, the homeowner will receive a letter from the court notifying them of the foreclosure complaint. It is very important that this letter be responded to within the 28 days allowed, otherwise the mortgage lender will ask the court for a default judgment noting that you have not responded to the complaint, and therefore do not object to the complaint. If you have received a notification of a foreclosure complaint, Columbus, Ohio foreclosure defense lawyer Ken Sheppard, Jr. can help you to determine the best available resolution for your situation.

 

Defending Against Home Foreclosure

While in some cases the best defense may be to prolong the foreclosure process while you work to get back on your feet financially, there are several viable defenses against foreclosure. Some defenses may include procedural defenses, substantive defenses, and filing bankruptcy.


Procedural Foreclosure Defenses

If the mortgage lender did not follow the procedures which may be required by Ohio law or by the loan documentation itself, a valid defense to foreclosure may be presented. For example: If your bank failed to provide notice of default or did not allow time to cure the default, these can be used as procedural defenses. For HUD and FHA loans the servicer is required make reasonable effort to provide counseling on foreclosure alternatives. There are numerous procedural defenses that may be argued to defend against a mortgage foreclosure. Some will be based on Federal or State requirement, while other defenses may result from the loan documentation.

 

Substantive Foreclosure Defenses

There are also numerous substantive foreclosure defenses which may be argued. Some examples of these defenses include: insufficient paperwork or information on the mortgage paperwork, incorrect payment processing or interest charged, fraudulent paperwork, etc. As each case of mortgage foreclosure defense will have its own intricacies, if you fear or are currently in foreclosure call attorney Ken Sheppard, Jr. today for a free consultation to review your particular situation and seek options to save your home from foreclosure.

 

Statutory Rights and Your Home

You have certain statutory rights, such as the Right of Redemption in which you can redeem your home prior to the foreclosure sale by paying off the total debt. If you are unable to pay off the total debt, many mortgage loans provide for the right of reinstatement by bringing the loan current. We may also be able to advise you on attainment and utilization of government sponsored programs such as the Save The Dream Ohio Foreclosure Prevention Effort, which provides Rescue Payment Assistance of up to $25,000 to a mortgage servicer to bring the first mortgage current or Mortgage Payment Assistance of up to $22,000 for unemployed or underemployed homeowners, as well as additional programs.

 

Military Service and Foreclosure

In addition to several other special programs granted by the Servicemembers Civil Relief Act (SCRA), Military service members who are currently serving have the right to request additional time from the courts to deal with their home foreclosure.

 

At the  Ohio debt relief, bankruptcy, and foreclosure defense firm of Sheppard Law Offices, we care about our clients and take the time and effort to help them to attain the best possible outcome for their long and short-term benefit. Complete our contact form or call our office at (614) 523-3106 today for a Free initial consultation.

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Sheppard Law Offices - Columbus

Sheppard Law Offices

The Columbus, Ohio bankruptcy debt relief and taxation law office of Sheppard Law Offices, LPA is conveniently located just inside I-270 off of Cleveland Ave. Our offices provide a short drive from throughout Central Ohio including counties of Franklin, Delaware, Knox, Marion, Licking, & Fairfield. We regularly serve  Debt  & Tax needs of clients from  Columbus, Westerville, Bexley, Dublin, Sunbury, Delaware, Fredericktown, Johnstown, Centerberg, New Albany, Gahanna, Pickerington, Grandview, Upper Arlington, Clintonville, Groveport, Pickerington, Pataskala, Reynoldsburg, Groveport, Lewis Center, Worthington, Granville, the Short North, Hilliard, Plain City, Grove City, Newark, Mt. Vernon, Canal Winchester, and Lancaster.

Columbus Ohio Office

2600 Tiller Lane, Suite A

Columbus, Ohio 43231

Telephone: (614) 523-3106

Newark, Ohio Office

843 N. 21st Street, Suite 108

Newark, Ohio 43055

Telephone: (740) 345-7138

Akron-Canton Office

Belden Village Tower, 200

Canton, Ohio 44718

Telephone: (330) 409-2876

Mt. Vernon, Ohio Office

11 West Gambier Street

Mt. Vernon, Ohio 43050

Telephone: (740) 392-0404

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