Foreclosure and Loan Modification Blog

What You Should Know About Foreclosure Mediation Conferences In Illinois

Some counties in Illinois offer mediation programs to homeowners in foreclosure, which are “designed to create an opportunity for homeowners and lenders to come together to explore mutually beneficial alternatives to foreclosure.”

At the mediation conference, a homeowner and a representative from the foreclosing lender will come together with an impartial third party where alternatives to foreclosure, such as loan modification, repayment plan, short sale, and deed in lieu of foreclosure, may be discussed.

Can I Participate In Mediation?

In some counties in Illinois, it's mandatory that mediation be offered to eligible homeowners facing foreclosure.

[fa icon="clock-o"] Saturday, July 7, 2018 [fa icon="user"] Maxwell Swinney [fa icon="folder-open'] illinois foreclosure lawyer, mediation, foreclosure process in illinois

Divorce. It isn't just difficult emotionally, it's often also a financial hardship that can lead to foreclosure. Following a split, it's difficult for the partner who keeps the marital home to pay the mortgage with just one income instead of two. That was the case for a recent client of our firm, who I'll refer to as Ms. Hassan to protect her privacy.

Ms. Hassan wanted to keep the Illinois home she and her husband had shared following their separation, but with only her salary from her job as a high school science teacher, she defaulted.

By March 2017 she was 20 months past due, and she hired Amerihope Alliance Legal Services to help her avoid foreclosure and apply for a loan modification.

What Does a Foreclosure Defense Attorney Actually Do for You?

If you're considering hiring an attorney to help you avoid foreclosure and/or get a loan modification, you may be wondering what specifically an attorney will do to help you keep your home. You know your mortgage issues are too important to try to handle alone, but how exactly does an attorney help?

Do they just show up in court and say something in Latin “Your honor, the corpus juris, et cetera, entitle my client to keep their house. Also, carpe diem, and liberum domum (free house), please.”

Of course not. So what does an attorney actually do when you hire them to defend you from foreclosure and assist you in getting a loan modification?

Can a Home Be Foreclosed If Property Taxes Are Not Paid?

Few people have been more universally hated throughout history than tax collectors. They take your hard-earned money, but it always seems like too much for what the government they represent provides in return. It's a story as old as civilization. Nobody likes paying taxes.

Hire a Foreclosure Defense Attorney? What Happens When You Get Served.

You’ve been served and you weren’t playing basketball. If you’re a couple months behind in your mortgage, you probably knew it was coming. You asked for more time to pay the back mortgage payments. Instead, your lender starts threatening you with the F-word. You have two options when facing foreclosure: let your lender win or hire a foreclosure defense attorney and fight.

The Judicial Foreclosure Process

Whether you live in New York, Illinois, Florida or New Jersey, foreclosures are judicial, which means the lender must file a lawsuit in state court. The court allows a lender to start the foreclosure process after you miss three payments. However, most lenders wait for you to become more than three months behind. How nice of your lender, right?

7 Reasons Not to Hire a Foreclosure Attorney

You are an attorney or you currently work or have worked for a bank and know their guidelines. You already know how many documents will you need to submit to your bank for a loan modification. **Free Amerihope Alliance Legal Services Document Checklist**

You know the general foreclosure laws and procedures in your state. For example in Florida, foreclosures are judicial, which means the lender must file a lawsuit in state court. The lender starts the foreclosure by filing a complaint with the court and having it served to the borrower, along with a summons. If you lose the case your house will be sold to satisfy the debt.

You don't need a foreclosure attorney to prove that the foreclosing party doesn't own your loan. In other words you know that your loan was bundled and securitized. Which means that in a process called securitization, your loan and other loans (includes both the promissory notes and the mortgages) with similar qualities are pooled, and then sold in the secondary market, often to a trust. Basically, securitization takes individual mortgage loans, bundles them into a package, and turns them into marketable securities (called “mortgage-backed securities”) that can be bought and sold. With that being said you believe you have a defense based on the fact that the foreclosing party can't prove that it owns your loan.

Why Hire a Foreclosure Attorney?

If you are struggling to pay your mortgage, it's encouraged that you speak with an experienced and knowledgeable foreclosure defense attorney who can properly inform you of the best solutions for your specific situation. Not to mention that on average, a defended foreclosure usually takes anywhere from one to two years or longer.

Each foreclosure case is different and has complicated nuances that can ultimately make or break the case. For example if you have been served with a foreclosure lawsuit in Florida and New York you have 20 days to file a proper legal response in court. In Illinois, you have 30 days to reply. In New Jersey, you have 35 days. In your reply you can:

Accept the Claim -OR-
Dispute the Claim – Perhaps your loan servicer didn't follow proper foreclosure procedures or the foreclosing party can’t prove it owns your loan. Maybe your loan servicer made a serious error with your account such as misapplying funds, failing to credit payments to the account, or charging unreasonable and non-allowable fees. Or you’re in the military and as an active military service-member you have some special protections against foreclosure and have certain rights under the Service-members Civil Relief Act (SCRA). -OR-
Claim Affirmative Defenses – Which means that without denying responsibility, you may claim that the foreclosing bank had contributing negligence or perhaps there is an expiration of the Statute of Limitations.

Failure to file a legally satisfactory Answer could result in default being entered against you and not being able to fight the foreclosure.

The Attorney’s Role

Top Lawyers in Florida - 2015 Award

Right Instead of Wrong - How Important Are High Ethical Standards?

The first two definitions found on Dictionary.com are:

Pertaining to or dealing with morals or the principles of morality; pertaining to right and wrong in conduct.
Being in accordance with the rules or standards for right conduct or practice, especially the standards of a profession.

Here at Amerihope Alliance Legal Services we believe that treating our clients and others in the communities we service with the highest of ethics, professionalism, and sensitivity are very important. Which is why we are very proud to be honored with the 2015 Highest in Ethical Standards and Professional Excellence Award from The Legal Network. These awards are substantiated by the stellar reviews from thankful clients.

The awards honor attorneys who, as a representative of clients, perform various ethical and professional functions. Those functions include:

Providing clients with an informed knowledge of the their legal rights, obligations and explaination of their practical implications.

Asserting the client's position under the rules of the adversary system.

Negotiating results advantageous to the client but always within the requirements of honest dealing with others.

All listed above are fundamental, necessary, and vital characteristics that an attorney needs to practice, advocate, and live by in order to win this distinguishing award.

The Folly of Foreclosure [Infographic]

You are up to date with your mortgage payments and bills - congratulations. Think that your neighbor's foreclosure isn't going to affect you? Think again.

THE EFFECTS OF FORECLOSURE:

Emotional Well-Being Distressed - According to Harris Interactive Poll of persons going through foreclosure 38% are Scared, 35% are Depressed, 9% are Angry, 8% are Embarrassed, and 9% None of these.

Increase of Violent and Petty Crime - According to Neighbor Works America, homes in foreclosure that become vacant provide sites for crime. Lin Cui of the University of Pittsburgh Department of Economics study showed that the rate of violent crime within 250 feet of the property is 15% higher than the rate in the area between 250 and 353 feet from the property.

Celebrating 20 Years of Service - Attorney at Law, Gregory M. Nordt, Esq.

Attorney at Law, Gregory M. Nordt, Esq. has reached another milestone – 20 years of service and experience in the field. He has been practicing foreclosure defense, banking/finance law, tax law, and IRS tax controversy since 1995. Mr. Nordt, along with his team at Amerihope Alliance Legal Services, invoke candor, integrity, and expertise whilst defending their clients. All with the common end goal of achieving the best possible outcomes.

“I, along with our entire team, am extremely proud of our attorney Greg Nordt, that he has reached this career milestone with such integrity," said Amerihope Alliance Legal Services Operations Manager Sherrill Clark. "We applaud Greg for his long standing commitment and passion." All cases are unique and Mr. Nordt treats all clients with the respect and care they deserve. From the start, Mr. Nordt fights alongside his clients to ensure the end goal is met.

“There are so many talented people I work with. For the last three years our Managing

What You Should Know About Foreclosure Mediation Conferences In Illinois

Can I Participate In Mediation?

Divorce Causes Default On PNC Mortgage, Trial Loan Mod Approved

What Does a Foreclosure Defense Attorney Actually Do for You?

Can a Home Be Foreclosed If Property Taxes Are Not Paid?

Hire a Foreclosure Defense Attorney? What Happens When You Get Served.

The Judicial Foreclosure Process

7 Reasons Not to Hire a Foreclosure Attorney

Why Hire a Foreclosure Attorney?

Top Lawyers in Florida - 2015 Award

Right Instead of Wrong - How Important Are High Ethical Standards?

The Folly of Foreclosure [Infographic]

Celebrating 20 Years of Service - Attorney at Law, Gregory M. Nordt, Esq.

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