Central Pennsylvania Mortgage Foreclosure Attorney

Pennsylvania Mortgage Foreclosure Lawsuit Attorney

When you are faced with a mortgage foreclosure lawsuit, the time has come to act.  Most people in this situation are seeking a mortgage modification or other relief from their mortgage lender that will in and of itself do away with the foreclosure litigation.  If this is your situation, Czekaj Dusharm LLC can help.

While not impossible, successfully defeating a mortgage foreclosure lawsuit is difficult, especially if you acknowledge that you are behind on your mortgage.  Rather than spending large amounts of time and legal fees attempting to defeat the lawsuit on a technicality, it is often money better spent to inquire how your mortgage company may be willing to forgive your arrears, or offer some other relief that will place you back in good standing regarding your mortgage obligation.

Pennsylvania Mortgage Modification Lawyer

The good news is that in most cases, the filing of a foreclosure lawsuit by your lender does not mean that you are no longer permitted to enter into a mortgage modification agreement. However, as the suit progresses, the bank may be less willing to offer relief as it gets closer to the end of the suit; and the sheriff's sale.  The sheriff's sale is the point in time during the foreclosure litigation that someone other than you will become the record owner of the property.  This should be considered your deadline when seeking relief from your lender.  The sooner you take action before this date, the better.

Loss Mitigation Options

When seeking relief from your mortgage company, the "magic words" to mention to the numerous people who you may be transferred to in any given call are loss mitigation. Once you have requested help and made mention of loss mitigation, you will usually be provided with a loss mitigation application, or some other similar document, that ranges in length from 20 to 50 pages.  You may also be asked to provide a hardship letter to explain exactly why you fell behind, and why, if given the chance, you will not fall behind in the future if you are seeking a modification.  Having experience in knowing what details the lender is looking for in this hardship letter is critical to the success of the relief that you seek.

It is absolutely critical to correctly and timely fill out and complete the loss mitigation application, even if your goal is to surrender the property.  Clients often seek legal counsel or find themselves in the middle of foreclosure litigation after attempting to fill out a loss mitigation application several times with no success.  In fact, the most common theme and complaint that we hear from people is that they filled out documents, provided them to the bank, and the bank claims they did not receive them.  If this sounds familiar, contact us today to see how we can help.

Even if you no longer wish to keep your home, other options may be available through your lender such as a "deed in lieu" of foreclosure.  With this tool, you are agreeing to transfer ownership of the property back to the bank so that the bank does not have to proceed with the lengthy and costly foreclosure process.  As your Perry County based mortgage modification attorney, Czekaj Dusharm LLC can assist you with deed in lieu of foreclosure negotiations.  You may even be eligible to receive compensation from your lender, sometimes referred to as "keys for cash" programs.  Also, considerations need to be made to the lender's ability to pursue a deficiency action against you for the balance still owed on your account.  It is possible to negotiate that the lender waives its right to pursue that deficiency.

Despite your best efforts to work with the bank, success is never guaranteed.  If after exhausting all of your options, your lender will simply not work with you, it may be in your best interest to seek bankruptcy relief.  By filing a Chapter 13 bankruptcy, you will remove your lender's discretion from the equation, and force them to honor your rights provided under the bankruptcy code.  If your case gets to this point, Czekaj Dusharm LLC can continue to assist you with your bankruptcy filing.

Having an experienced negotiator on your side can be helpful, no matter which relief you are seeking.  If you would like to discuss your situation during a free initial consultation, please contact us today.  We can come up with a customized game plan to meet your budget, and goals.

Czekaj Dusharm LLC can assist with your mortgage modification in all counties throughout the Commonwealth of Pennsylvania.

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We have over 17 years combined experience in criminal defense, family law, civil litigation and general practice law, and we strive to deliver exceptional legal representation.