At Notinger Law, we focus our efforts on helping people under financial strain. We understand that individuals can be affected in a number of ways due to financial difficulty, such as losing a home due to foreclosure. If you lose your job unexpectedly, have mounting hospital bills or other financial issues that cause your home to go into foreclosure, you need to know your legal rights. Our attorneys can help you learn more about foreclosure laws in New Hampshire and Massachusetts, ensuring that you are able to make a decision to your benefit. No one anticipates having a home go into foreclosure. If you believe that your bank has started the process of foreclosure, or you have received a certified letter detailing the sale date, speak to our attorneys as soon as possible. Legal assistance is available for your foreclosure situation.
Looking at Your Options
For someone without legal expertise, you probably have no idea what to do when facing a foreclosure. Many homeowners lose their home due to foreclosure when there were options that could be taken. By consulting with our attorneys and explaining your personal situation, a solution might be found within minutes. For some people, filing Chapter 13 bankruptcy can help to stop the foreclosure sale of a home. Understanding your options is key to making the right decision for your home as well as financial struggles.
Understanding Foreclosure Proceedings
Most proceedings involving foreclosure are non-judicial. This means that the bank does not have to seek the approval of the court before conducting the sale of the foreclosed home. When a mortgage document is signed by the homeowner, it gives the lender the statutory right to foreclose the home if the homeowner is unable to make the mortgage payments based on the terms of the loan. This is known as the power of sale clause.
The statute gives the bank the right to sell the home if you default on payments. However, it also gives the homeowner rights, but most individuals are not legal savvy to know these rights. This includes the fact that the notice of sale has to be mailed to the homeowner a minimum of 25 days prior to the sale. The letter must be provided by certified mail.
Notice of Foreclosure
If you have received a notice of foreclosure on your home, you are feeling overwhelmed at the process of losing your dwelling. You may think that all of your options have been exhausted and that you will lose your home. However, this is not always the case. When you receive a notice, contact our office immediately. Our experienced attorneys know the foreclosure laws of New Hampshire and Massachusetts and are able to look at your case to see if there is a solution available. Bankruptcy might be an option which means that you will be able to overcome the impending foreclosure sale.
Find out what you can do to avoid an upcoming foreclosure sale of your home. Contact our office today to learn more about your rights when facing a foreclosure.