Best Lawyers employs a sophisticated, conscientious, rational, and Louisville Foreclosure Lawyer transparent survey process designed to elicit meaningful and substantive evaluations of the quality of legal services. Our belief has always been that the quality of a peer review survey is directly related to the quality of the voters. The third scenario is that the lender will wait for the bankruptcy case to end and then pursue the foreclosure. Regardless of what happens with your foreclosure after filing for Chapter 7 bankruptcy, chances are you will not be able to keep your home. If you cannot qualify for a refinance, you can look into a loan modification, which reworks your current loan.
Every foreclosure case is different and yours might need particular skills. The following list shows the bankruptcy action items an attorney with experience guides you through. LOUISVILLE- Stites & Harbison has had long and celebrated relationships with a myriad of agencies and service organizations in the community. As a result of the breadth of pro bono services provided and our long-standing financial commitment, the Legal Aid Society named Stites & Harbison “Outstanding Law Firm of the Year” in 2009. The project temporarily displaced persons in low-income housing, but Stites & Harbison attorneys have worked closely with these families to explain relocation options. They also helped the families get settled into temporary housing until permanent housing becomes available.
The redemption period only lasts 6 months after the sale date. A Default judgment is granted when the homeowner fails to respond to the complaint within the designated time frame of 20 days for Kentucky. This allows the lender to proceed with a foreclosure without any further input from the homeowner and often without notice. It is important for homeowners to file an answer and assert their defenses in order to avoid foreclosure.
We provide free legal advice and representation for low-income, disabled, and elderly clients in legal crises that threaten self-sufficiency or quality of life. Our team of fully certified, legal professionals represents low-income, disabled, and elderly clients in legal crises that threaten self-sufficiency or quality of life. We tried to sell it with our Realtor for months and nobody wanted it. Just before auction you were able to buy it and make it so we didn’t have to pay anything.
This may be a result of job relocation, unexpected medical situations, divorce, or other issues. One potential defense strategy is to pursue a loan modification. If you are in a situation in which you need to protect your legal rights, of course, the first thing that comes to mind is finding a good lawyer. In fact, hiring a foreclosure attorney in the early stages of the case dramatically increases the likelihood of success. Many defenses must be made at the start of the case, or you lose them forever. This still leaves the homeowner liable for income taxes and the deficiency.
Lawyers with longer memberships tend to have more experience so we use the Membership date to help prioritize lawyer listings on search pages. With a refinanced mortgage, you basically trade your current mortgage for a new one with a different interest rate and principal. The new mortgage pays off the old one, leaving you with only one monthly payment.
Types Of Legal Issues You Can Get Help With
Servicers generally must provide borrowers with loss mitigation opportunities, account for each foreclosure step, and carefully comply with foreclosure laws. In order to redeem the property, you must pay off the amount that you owe on your loan before the foreclosure sale begins. In Kentucky, you also have what is known as a redemption period. A redemption period allows borrowers to buy back their home after the foreclosure sale. Kentucky law allows a redemption period of six months if the home is sold for less than two-thirds of its appraised value.
At that point, the property is usually resold, leased to someone else, or stripped. A loan modification aims to amend your loan terms to make it possible for you to afford the payments under your current situation. A loan modification doesn’t cost anything, but it is complicated to process.
But..you got the bank to agree to a reduced price and we closed on the house yesterday. I feel like the weight of the world has been lifted off my shoulders. You made it a very easy process for me, even with all of my skepticism and stressing out. Jason is a Louisville native who grew up in PRP, went to St. X and U of L. He and his wife, Hannah, now live in Hikes Point and have 3 children whom they adopted through foster care. Jason strives to provide his clients with exceptional legal services through experience, dedication, and compassion.
Federal law prohibits beginning a foreclosure before the borrower is over 120 past due on their mortgage payments. This period of time gives borrowers time to pursue a loss mitigation option from their lender. Attorney Motion has a professional team of mortgage foreclosure attorneys, property foreclosure attorneys & foreclosure defense lawyers to fight for your home.
The United States Constitution (Article 1, Section 8, Clause 4) authorizes Congress to enact “uniform Laws on the subject of Bankruptcies throughout the United States”. Reflecting on his role, Chris underscores the value of his experiences in shaping his approach to legal practice. Additionally, if the current lease includes utilities, heating, or other services, the new owner must also do so. Even if the tenant did not pay rent during the 90-day notice to vacate, the new owner cannot evict.
Commercial & Residential Foreclosure
If you are still in the house after 10 days, the new owner can get a writ of possession from the court and the sheriff can set you and your things out of the house. A Chapter 13 bankruptcy can allow you to catch up on your mortgage over a three-to five-year period while you make your regular monthly mortgage payments. Either a Chapter 13 bankruptcy or a Chapter 7 bankruptcy can help you get rid of lower-priority debts so that you can focus on your mortgage and other essential bills. The court will enter a judgement of foreclosure, say how much you as the homeowner owe the lender and give you a short time to pay the full amount. If you don’t pay within that time, the property will be sold by an officer of the court. Don’t pay fees for foreclosure prevention help – use that money to pay the mortgage instead.
He counsels MDK’s mortgage clients in all aspects of their default portfolios, collaborating every step of the way. Sections 702 and 703 of the PTFA require the tenant to be given the notice to evict “at least 90 days before the effective date of such notice. Even if the lease is month to month, the requirement is still a 90-day notice.” Bank of N.Y. Mellon v. DeMeo,254 P.3d 1138(Ariz. App. 2011), published and unanimous decision. Bank National Association ••confusing (language)” is “ineffective for the purpose of the PTFA”. Furthermore, any motion for possession is premature if it is filed before the expiration of the PTFA notice period.