While the overall number of foreclosure cases in Illinois has decreased over the past couple of years, many property owners still find themselves falling behind on their mortgage payments and living in fear of foreclosure. Even if you have not yet received notice that your mortgage lender has initiated foreclosure proceedings against you, it may be looming and you should discuss your legal options with an experienced foreclosure defense attorney. If you have already had a foreclosure action filed against you, you should discuss your rights with the Casement Group as soon as possible so we can start working to help you keep your home or property.
Methods of Defending Against Foreclosure
Too many property owners believe they have no options in the face of foreclosure but to lose their property. However, Illinois foreclosure laws provide many rights for owners to defend against a foreclosure. First, a mortgage lender cannot simply come and claim your property whenever it wants to do so. Instead, many different procedures must be followed to properly initiate a foreclosure. An experienced attorney can identify when such procedures were not properly followed and can use that fact to have the case dismissed and buy you some extra time to catch up on your mortgage.
In addition, our foreclosure defense attorney can develop other defense strategies in your case including the following:
- Negotiating a loan modification;
- Negotiating a deed in lieu of foreclosure;
- Negotiating a short sale;
- Engaging in mediation to find another alternative to foreclosure;
- Proving that your lender cannot provide proper documentation that it owns the mortgage;
- Proving you were the victims of mortgage fraud or abuse.
Helping With Successful Short Sales
One common way to avoid foreclosure is to get your lender to agree to a short sale. In a short sale, you sell your property for less than you owe on the mortgage and your lender agrees to accept less than the full balance of your loan to close out your mortgage. This can happen before or after a foreclosure action has been filed and we can evaluate your situation to determine whether a short sale is a good option for you. We can then help with negotiations so that you can sell your property on your own terms and not lose it to foreclosure.
Consult With A Kane & DeKalb County Foreclosure Defense And Short Sale Attorney As Soon As Possible
If you believe that foreclosure is imminent or if you have already received notice of a pending foreclosure, you should never delay in contacting a highly experienced foreclosure defense lawyer as soon as possible. Timing is extremely important in any type of foreclosure case or if you are having trouble keeping up with your mortgage payments. At the Casement Group in Elgin, Illinois, we help both residential and commercial property owners find solutions to defend against foreclosure whenever possible. Foreclosure is a serious matter and will not go away on its own, so please do not hesitate to call our office at (847) 888-9300 for more information about how we can help in your case.