The skilled and seasoned Ohio debt-relief attorneys at Fesenmyer Cousino Weinzimmer understand that financial problems can happen to even the most well-intentioned people.
We believe that it pays to be knowledgeable about foreclosure avoidance options to increase the chances of keeping your home.
We offer a free consultation to evaluate your financial situation and determine which debt-relief solutions work best for you.
Call one of our conveniently located office branches at 614-228-4435 (Columbus), 937-222-7472 (Dayton), or 877-654-5297 (Cincinnati), or email us for your free consultation.
What Should You Do If You Are Facing Foreclosure?
If you are facing foreclosure in the local area, we understand just how stressful it can be. Fortunately, there are multiple options available. Some of the steps that you may want to take if you are facing foreclosure include the following.
Get as Current as You Can
One of the first things you should do is get as current as possible on your home loan. Sure, you may not be able to afford to catch up, but you do not necessarily need to get completely current on your loan to put yourself in a better position.
If you show your lender that you are willing to get as close to current as possible, they may be more inclined to negotiate with you when you contact them for assistance. At the very least, they might be willing to waive any late fees attached to your account.
Call Your Lender to Renegotiate Your Payment Plan (Loan Modification)
Once you have gotten as current as you can, you should consider applying for a loan modification. A loan modification will essentially change your payment plan with your lender, possibly shrinking the size of your monthly payment to allow you to get current in the future.
The goal of applying for a loan modification is to help you get current gradually. Suppose you can explain to your lender why you have fallen into financial difficulties, such as the potential loss of a job or rising interest rates. In that case, you may have a better chance of successfully applying for a loan modification.
Apply for Loss Mitigation
You may also want to discuss loss mitigation options with your lender. There are a few options that your lender may discuss with you. Some of the most common examples include:
- A forbearance agreement
- A deed in lieu
- Some other tools that the lender may have at their disposal
Every lender is different, and you will not be able to figure out what your options are if you do not reach out to them and ask.
Contact an Ohio Foreclosure Lawyer
Finally, if you have discussed all your options with your lender and you are not going to be able to avoid foreclosure, you need to reach out to an Ohio foreclosure lawyer who can help you.
There are some cases where you may argue that the lender has used improper lending practices, or you may be able to argue that the foreclosure commenced illegally. Again, a lawyer may be able to help you obtain an injunction that can halt the process.
The sooner you reach out to a mortgage lawyer, the faster you can put your case in a favorable position. So reach out to our foreclosure attorneys in Ohio to learn more about your choices.
Why Choose Us
If you are looking for a foreclosure lawyer in Ohio, you understand that the stakes are high. You need to hire the right team, and there are several reasons why you should work with Fesenmyer Cousino Weinzimmer.
They include:
- Expertise:We have an unparalleled level of experience in our field and can use all of our expertise to ensure we put your interests first. We will use our specialist knowledge and resources to help you the best we can.
- Prior Results:We have a long track record of success and have helped thousands of clients in positions like yours.
- Positive Reviews:We have plenty of positive reviews and testimonials that testify to what we can do to help you.
- Communication:We explain everything to you in a way you can understand, making it easier for you to decide what is best for your needs.
When you need an Ohio foreclosure defense attorney who can protect your rights and defend your interests, rely on our team to help you.
How We Can Help
The sooner you contact us, the faster we can use our resources to help you protect your financial future, slow down or stop the foreclosure process, and possibly save your house. Here are some of the ways we can help you:
- We can take a look at your case to see if the lender has engaged in improper lending practices, which we can use to stop the foreclosure process.
- We can see if the lender has started the foreclosure process illegally, and we may be able to obtain an injunction to stop it.
- We can act as your guide as we navigate court rules and file all of the necessary paperwork with the court.
- If it is in your best interest to declare Chapter 7 or Chapter 13 bankruptcy, we can advise you on this process as well, acting as your advocate along the way.
Every case is different, and we will customize our approach to meet your needs. The sooner you get us involved, the easier it will be for us to provide you with the best services possible.
Sources of Mortgage Problems
Your current mortgage problems may have come about for different reasons, such as:
- A decrease in income because of a layoff, a business downturn, or a medical crisis
- The rising cost of living or accumulation of other types of debt, such as credit card balances and medical debt
- Mortgages that contain high-risk features, such as adjustable interest rates, that have dramatically increased payments
Once your mortgage is in arrears for more than a month or two, you need personalized advice to find your best options for preventing foreclosure.
Evaluating Your Options
When faced with foreclosure, there are many options, from letting the house go to filing for bankruptcy. When evaluating options, you should first be aware of your financial situation. Since mortgage terms differ, look at your mortgage papers and find out just what your terms are.
Find out whether your loan is insured or guaranteed. Examine your income and make a monthly budget to understand whether you will be able to meet payments in the future. Know whether your current financial difficulty is just temporary or will persist into the future.
Options may include the following.
Reinstatement
While Ohio law does not recognize a right of reinstatement, your loan papers may provide for doing so. You can stop the foreclosure by bringing the loan current by paying the following:
- Past due principal and interest payments
- Escrow shortages
- Late charges
- Attorney’s fees and costs related to the foreclosure
Mortgage Refinance or Mortgage Modification
Loan modification, if available and applicable to your circumstances, can lower your interest rate and/or monthly payments.
Special Lender-Specific Options
There may be special, lender-specific options for you, such as:
- Direct negotiations with your mortgage lender to obtain a legally binding agreement allowing you to catch up with mortgage payments
- Legal challenges to the lender with the help of a foreclosure defense lawyer
- A decision to allow the foreclosure to take its course, with legal advice and a plan to manage this process with the least amount of stress
Save the Dream Ohio
Thanks to the program “Save the Dream Ohio,” if you were laid off or disabled on or after January 1, 2014, and are eligible for unemployment or disability benefits, you might qualify for up to $35,000 to bring your delinquent first mortgage current and make your mortgage payments for as many as nine months.
To discuss your options, give us a call today to schedule an appointment with an Ohio foreclosure attorney from our team. Dial 614-228-4435 (Columbus), 937-222-7472 (Dayton), or 877-654-5297 (Cincinnati).
Foreclosure Procedures
If you are facing foreclosure in Ohio, you must go through the courts. After you are more than 120 days delinquent, your lender will file a foreclosure summons and complaint. Ohio does not require lenders to give you notice before filing, but your mortgage loan agreement may do so.
Check your paperwork to see if it requires a Notice of Default or Time to Cure, which can allow you time to bring the loan current by paying all the past due payments and charges before the bank can foreclose.
Summons
The court then issues a summons that contains instructions as to when and where to file an answer and other important information, including copies of your promissory note and mortgage.
If the court has a foreclosure mediation program, there will be information on how you can participate. Ohio mediation may be a good alternative to litigation if you wish to keep the home, have a short sale, or explore other options.
Answer
You have 28 days from the date that you are served with the summons and complaint to send your answer to the foreclosing creditor’s attorney, and then three days to file your answer with the court.
If you disagree with the allegations or discover that the creditor has failed to include necessary documentation, you can say so in your answer. If you do not file an answer on time, the court may grant a default judgment against you.
If you need more time to respond to the complaint, you can request that the court grant you an extension.
Pre-Trial
After you file the answer, you will have at least one pre-trial hearing or status conference to discuss the issues with the judge and the bank’s attorney. The lender may request a summary judgment, settling the case in their favor, which you are allowed to oppose.
If there is no summary judgment, the case will go to trial where you will have to prove your defense with documents and witnesses. If the lender gets a judgment for foreclosure, procedures to sell the home will begin.
You have a right to redeem your house in foreclosure (pay off the mortgage loan and fees in full) until the sale of the house is confirmed by the court.
Bankruptcy Can Stop Foreclosure
Chapter 13 bankruptcy offers many homeowners an opportunity to keep their homes while repaying mortgage payments with the least amount of worry. Filing for bankruptcy can immediately put a stop to foreclosure.
Even if a sheriff’s sale is quickly approaching, our attorneys can work immediately to stop it and get a real solution underway instantaneously.
Contact Us Today
The experienced Ohio debt-relief attorneys at Fesenmyer Cousino Weinzimmer know that too many people wind up facing foreclosure despite their best efforts, and we can help.
We recognize that everyone’s individual situation is different, so we offer a FREE INITIAL CONSULTATION to evaluate your entire financial situation and make sure you are aware of all your options.
We will examine your income, your debts, and your goals and help you find the best and most affordable path to a brighter financial future.
If you’re having difficulty paying your mortgage or you’re facing foreclosure notices on your property, contact one of our offices in Columbus, Dayton, or Cincinnati by email or by calling 614-228-4435 (Columbus), 937-222-7472 (Dayton), or 877-654-5297 (Cincinnati).
