Grand Rapids Foreclosure Attorney Providing Superior Representation
If you or your business is facing a foreclosure action, it is important to hire an experienced foreclosure defense attorney. The legal team at the Van Den Heuvel Law Office has more than 20 years of experience handling foreclosure defense matters. Facing a foreclosure alone or hiring a lawyers without the proper credentials can be a financially devastating mistake. Having our law firm on your side provides you the peace of mind that your home or business is in capable hands. We work diligently to obtain a positive result for you.
Delivering successful defenses to foreclosures
Foreclosure is the legal process in which a lender attempts to recover the balance of a loan in default by forcing the sale of the property pledged as collateral for the loan. Most foreclosures involve a mortgage lender or servicer foreclosing on a house, business or other real property. There are a variety of ways to defend a foreclosure action, including the following:
- Unreasonable mortgage terms. If the terms of your mortgage or the circumstances surrounding it are so unfair that they shock the conscience of the judge, you may have a valid defense to your foreclosure action.
- Failure to have proper paperwork. If the proper documentation evidencing the loan or the mortgage lien is not attached to the foreclosure complaint served upon you, it is possible the documents may not even be in the possession of your mortgage company. Also, if your loan was assigned, the assignment of your loan may be legally insufficient.
- Military service-member on active duty. If you’re on active military duty, the Service members Civil Relief Act (SCRA) provides you with special protections and defenses.
- Failure to follow state procedures. You may be able to challenge your foreclosure if the plaintiff failed to follow significant state procedural requirements for bringing a foreclosure action.
- Unfair lending practices. If your lender violated a federal or state law designed to protect borrowers from illegal lending practices, you may have a valid defense to your foreclosure lawsuit.
Options to foreclosure in Michigan
There are a variety of options for avoiding foreclosure. Some of the more common are:
- Short sales. A short sale occurs when a lender allows a homeowner to sell the property for less than what is owed under the mortgage loan. This alternative allows a bank or mortgage servicer to avoid the time and expense of foreclosure.
- Mortgage loan modification. A skilled foreclosure defense attorney can help you negotiate with your creditor to modify your mortgage loan to more suitable payment terms, including a lower interest rate or extended deadline for payment. This option also allows the lender to avoid the time and cost of foreclosure.
- Bankruptcy. A homeowner can file a bankruptcy case, which halts a foreclosure action. It allows the homeowner more time to live in the house and negotiate with the mortgage lender.
Fully equipped to handle business foreclosure defense
The commercial foreclosure process is similar to the residential process. However, lenders are more reluctant to foreclose on a business property because it is expensive to maintain and manage until they can sell it. You have the option of trying to work out a modification of your loan that allows you to catch up with your payments. Lenders are often more willing to negotiate with commercial property owners. It is important to attempt a modification as soon as possible, before the foreclosure process has gone too far.
Schedule an initial consultation with a Michigan foreclosure defense attorney
Don’t put your business, home or financial future in the hands of an inexperienced attorney. Hire a lawyers with a proven track record. Contact the Van Den Heuvel Law Office online or call 616-698-0000 to schedule a consultation to discuss your foreclosure case and learn more about your defense options. We are also available on Skype by appointment.