Civil litigation

Since the financial crisis it seems lenders are mostly in the business of foreclosing on delinquent loans. Many homeowners struggle with lenders to get them to review a loan modification package let alone grant the modification itself. At times this is due to a homeowner’s lack of understanding how the process works. At other times it is because the lender may have no interest in modifying your loan and blatantly violate laws made to protect consumers to pursue an agenda to foreclose. Through the process of litigation we identify why things are going wrong and rectify the issues through careful examination of the facts of your situation.

We first start by offering a free consultation to review the merits of your case and determine if you are a good candidate for litigation. During this part of the process we will closely examine errors your lender may have made and how those errors translate to your rights being infringed upon.

The second step of the process is drafting and filing the suit. We will customize your complaint to properly detail the grievances you have with your lender. It is important to have a solid and fact specific complaint in order to reach an outcome that is favorable to you.

The third step in the process is to halt foreclosure proceedings, meaning stop your sale date. We typically do this by filing an emergency motion with the court and seek the protection of a Temporary Restraining Order. Once this is granted homeowners are no longer haunted by a looming sale date and have stable ground to negotiate on.

The fourth step is to negotiate with the lender now that you are in a more controlled environment. The negotiating phase is why it’s important that we take on cases with merit. Having a case with merit will allow us to fight any attempt the lender may make to dismiss the case, pressure the lender to settle with the most favorable terms or be case that can win in trial if needed. Most foreclosure defense litigation cases do settle before trial. Settlements usually include awards for damages and a modification being reviewed between attorneys giving you the leverage and stability you need.

The fifth and final step is accepting the settlement or outcome. This is why it is so important to examine all facts before stepping into litigation. It is rare that our clients are not prepared for the terms they end up accepting or being granted. It is possible that life or your desires will change which is okay. If between the negotiation phase and settlement phase things change there are many other alternatives we can then offer.

It is our priority, educate, set expectations and give our clients the control to maneuver throughout this entire process.