#restraining orders are in progress but it’s a time consuming and stressful process. which like. hate this system for that

[shepardsleftboob]

My mom died and I really need help

I made a longer post about it (which can be found as my pinned post on my blog) but these last 3 weeks have been hell for me.

My name is Yas, I’m a disabled biracial lesbian, and I had to drop out of school at 15 to start working and help support my disabled mom. I worked for almost a decade at a job that physically and mentally crippled and traumatized me bc that was the only way I would make enough to support my mother and I. I’m now 24 and she died without any warning on March 11th.

My girlfriend got outted, my cat couldn’t walk anymore so I had to put her to sleep, my mom died the next day and she was my best friend and the only family I had, and then my relatives abused and threatened me, then burglarized my and my moms apartment causing 5K worth of damage and stealing any valuables like furniture and tvs I could have sold to pay for my moms cremation. It’s been blow after blow after blow here. We were poor so we obviously didn’t have a life insurance policy or any kind of inheritance for this situation. I’m obviously not handling any of this well, and it’s really hard for me to even function enough to get anything done, and a huge part of this issue is money bc that’s what would pay off the cremation ($2200), the vandalism charges that the apartment is going to hold me liable for (upwards of $5K) and my credit card bills that I had for when I just could not work anymore and my savings ran out and I still had to pay medical bills and buy groceries for my mom (which is close to another $5K).

If you can spare anything, I would really appreciate it. My PayPal is @jessaminewaters. I have a CashApp, Venmo, and Zelle too if that’s easier, you can message me if you have any questions. Signal boosts are appreciated ❤️

#signal boost #donation posts #I figured a shorter one might help. I’m still like. grossly desperate. #I want to go back to work honestly but considering I’m manic and crying every other hour I just don’t see how that’s possible rn #esp while my dad and brother are like...threatening me in my apartment even after I moved #like I changed my number and 2 hours later he sent a ‘well check’ to remind me he knew where I lived #restraining orders are in progress but it’s a time consuming and stressful process. which like. hate this system for that #parental death tw #abuse tw #I’m so mad bc I even tried going back to work before this and my body just....wouldn’t do it. it couldn’t #and it’s so frustrating to not be able to make money. I was having way too many close calls of passing out at work

[getvelocitytrimketosuppleme-blog]

Velocity Trim Keto Reviews: Pills Price, Ingredients & BUY

Velocity Trim Keto Reviews – I am glad to share my experience with this diet. Followed it for 3 months and got great effects. The Shark Tank Pills Price is good or not? Is there any Velocity Trim Keto SCAM?Velocity Trim Keto

Increasing fat is fairly simple contrasted with shedding pounds. It’s a tough challenge to get a slim and fit body by following the only exercise and eating program. Having a load of fat also affects your look and your outer beauty. So, this is why everyone likes to discover slim body tone. A huge number of enhancements found and available that assurances to pull in thinning body tone however, it’s not exactly reachable because of the presence of poor and cheap components. Velocity Trim Keto Diet Pills is probably is one kind of best supplement to make an immediate fat burning process.

Introducing Velocity Trim Keto

Velocity Trim Keto Trial is the progressive and powerful weight reduction pills formula, that follows the ketogenic principle. This awesome weight reduction item was created utilizing amazing BHB ketones which are apt enough for shedding down your unreasonable fat substance quickly. This effective stuff helps in starting the ketosis process in your body, causing a person to lose bodyweight effectively. Velocity Trim Keto Review is created dependent on the keto diet to end the sugar creation and facilitates your body to produce the utilization of fat cells for energizing vitality. This item makes you safely and effectively fit without encountering any confusions.Velocity Trim Keto Pills

How Does Velocity Trim Keto Diet Work?

Velocity Trim Keto Diet Pills are keeping up your own body for accomplishing the state of ketosis quick. By following a typical Keto Diet takes time when you restraining the carbs consumption and take high fat for your own vitality creation. Velocity Trim Keto  make this process easy for you and not just helps your body to lose additional pounds of weight yet additionally helps with controlling diabetes for keeping up insulin creation. This product is great for improving your framework in your body by utilizing the regular and dynamic compounds found inside it.

This item helps in making you sound and slim in a natural way. Also, it helps in keeping up the fat cells within proper limits. And this is a great fat eliminator which facilitates your body to get into ketosis quick. At the point when your body is in the condition of ketosis, it, for the most part, utilizes fat cells for the vitality/energy. By utilizing fat cells for vitality, it helps with improving your body quality and accordingly makes you keep fiery and dynamic for a more extended period.

Velocity Trim Keto Ingredients

We found that there are active and powerful ingredients, and claims to starts the process of ketosis. The key ingredients of Velocity Trim Keto include BHB ketones.

The beta-hydroxybutyrate great enthusiasm of more noteworthy vitality generation. It is the main substrate to kick start the metabolic state for setting your body in ketosis. This ingredient helps in consuming the fat cells for vitality creation rather than carbs.

Velocity Trim Keto Benefits

Improves and supports wellbeing with crucial supplements.

Velocity Trim Keto controls the aggregation of fat and gives a dainty structure

Consume and soften all undesirable and bad fat.

It may control the arrangement of terrible cholesterol.

Boost the quality, vitality, and perseverance.

Make the recovery time short.

100% Safe and made under an FDA approved lab.

Also, make the metabolism fast.

Controls your craving for food and suppress the appetite.

Is it Effective, or is Velocity Trim Keto a Scam?

Obviously That the Velocity Trim Keto is a totally true offer. But people think this is a trick on the grounds that there are auto-billing charging from the purchaser by the business. But this isn’t valid, on the grounds that this item accompanies several bundles and there’s membership offer as well, which means the association will convey your month to month dissemination and charged you.

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So from all this, Velocity Trim Keto is NOT a SCAM and not a legit offer.

Potential Velocity Trim Keto Side Effects

This diet Pills are totally safe to take in the recommended portions. But, maybe it can cause side effects if you overdose it. But, why someone would do this?

We all have an idea about a keto diet and its initial side effects. The most commonly experienced keto side effects are a dizziness, unsteadiness exhaustion, and mental mist, and also brain fog, these are also called as “Keto Flu”.

But yes, Velocity Trim Keto can help with Reducing these keto negative results. But keep in mind that don’t Overdose it to lessen these impacts rapidly. Take just in prescribed Dose and bearing contrastingly the Velocity Trim Keto undesirable side effects free.

How to Use Velocity Trim Keto Pills?

It’s each pill incorporates amazing ingredients and you have to take two pills every day without any miss with water. Be sure that you don’t skip the pills. As it’s pivotal to give the ideal outcomes inside the stipulated timeframe. You should take one pill in the morning and one in the night, and to get a more fast outcome to follow a healthy keto diet.

Where to purchase Velocity Trim Keto?

If you are thinking about obtain this weight decreases formula as well as you are correct. Dont be late Click on given link and order it. Product will reach your home during working days.

[mayarosa47]

How Do You Stop A Foreclosure From Lawsuit

Foreclosure is a legal process in which a lender attempts to recover the balance of a loan from a borrower who has stopped making payments to the lender by forcing the sale of the asset used as the collateral for the loan.

Formally, a mortgage lender (mortgagee), or other lien holder, obtains a termination of a mortgage borrower (mortgagor)’s equitable right of redemption, either by court order or by operation of law (after following a specific statutory procedure).

Usually a lender obtains a security interest from a borrower who mortgages or pledges an asset like a house to secure the loan. If the borrower defaults and the lender tries to repossess the property, courts of equity can grant the borrower the equitable right of redemption if the borrower repays the debt. While this equitable right exists, it is a cloud on title and the lender cannot be sure that they can repossess the property. Therefore, through the process of foreclosure, the lender seeks to immediately terminate the equitable right of redemption and take both legal and equitable title to the property in fee simple. Other lien holders can also foreclose the owner’s right of redemption for other debts, such as for overdue taxes, unpaid contractors’ bills or overdue homeowner association dues or assessments.

How Foreclosure Works

When you buy expensive property, such as a home, you might not have enough money to pay the entire purchase price up front. However, you can pay a portion of the price with a down payment, and borrow the rest of the money (to be repaid in future years).

Homes can cost hundreds of thousands of dollars, and most people don’t earn anywhere near that much annually. Why are lenders willing to offer such large loans? As part of the loan agreement, you agree that the property you’re buying will serve as collateral for the loan: if you stop making payments, the lender can take possession of the property in order to recover the funds they lent you.

To secure this right, the lender has a lien on your property, and to improve their chances of getting enough money, they (usually) only lend if you’ve got a good loan to value ratio.

File a Lawsuit to Stop Your Foreclosure

Despite the banks best efforts, you’ve fought off foreclosure for longer than you expected to be able to. Perhaps you’ve used a third party to postpone the foreclosure process, or even filed for Bankruptcy to stop the sale – but this time it looks like they’re really going to go through with selling the home. Many people think that they are at the end of the road, with no legal option to stop their foreclosure, but filing a lawsuit to save your home may be the best option you have.

Filing a lawsuit against your lender to stop foreclosure is effective, and can ease all of the stresses that most homeowners deal with while stuck in the process. The official legal term is “mortgage litigation,” and most cases against lenders never make it to trial. Instead, our foreclosure attorneys go up against legal counsel that represents the bank, and negotiate a deal that prevents the two parties from having to spend the big bucks by taking the case to trial.

Many homeowners facing foreclosure don’t even take the time to call us for a free consultation because they think that filing a lawsuit to stop foreclosure will simply be too expensive and time consuming. The truth is, that our foreclosure defense attorney’s goal is to leave you in a much better position than when you first decide to sue the lender. Our free consultations will answer all your questions regarding cost, timeline, and what you can reasonably expect in the end.

There are 2 common legal options that can prevent a foreclosure. These options include either filing a lawsuit [foreclosure litigation], or filing a bankruptcy. The best legal strategy to stop a foreclosure depends on your personal situation and is best carried out by a successful foreclosure attorney with a strong track record of stopping foreclosure and saving homes.

A homeowner can sue their lender if they illegally issue a notice of trustee sale or initiate a foreclosure sale in violation of the California foreclosure laws. In many cases, lenders do not comply with the California laws that protect a homeowner from an illegal foreclosure. An experienced foreclosure lawyer can immediately determine if the lender has violated the law and if it is possible to file a lawsuit to stop foreclosure proceedings.

Bankruptcy is also a very effective legal strategy for stopping a foreclosure proceeding immediately. An experienced foreclosure attorney can file the case to stop a sale the same day. In many instances, bankruptcy allows individuals to restructure debts, get debt relief, stop foreclosure sales, and keep the home.

A loan modification is a negotiated agreement to change the monthly payment you make, the length of the loan, and the interest rates the loan charges. This type of negotiation does not require a foreclosure lawyer. When it is impossible to continue making payments on a property, a short sale is another way to avoid foreclosure. The lender must agree to sell the property for the current value. This usually results in avoiding a claim from the lender later, and may result in making money from the sale depending on whether there is equity in the property.

A deed in lieu of foreclosure can also prevent a foreclosure and possibly keep a foreclosure from affecting long term credit rating and a borrower’s ability to buy another home.

Foreclosure is a complicated and emotionally draining process. If you are having received a notice of foreclosure, notice of default, or notice of trustee sale, you should pick up the phone and talk to a foreclosure lawyer at Consumer Action Law Group. Their lawyers are trained and dedicated to preventing foreclosure, with a documented record of success in all methods of stopping foreclosure and saving homes. Call our foreclosure attorney today. We offer free legal advice on the first call, and we can stop your sale right away and save your home.

File a Lawsuit to Stop the Foreclosure

If your lender is using a no judicial process to foreclose—where the foreclosure is completed outside of the court system—then you might be able to delay or stop the foreclosure by filing a lawsuit against the lender to challenge the foreclosure. This tactic normally won’t work if the foreclosure is judicial because by the time of a foreclosure sale, you’ve already had your opportunity to be heard in court.

To prevail in your lawsuit against your lender, you will need to prove to the satisfaction of the court that the foreclosure should not take place because, for example, the foreclosing lender:

• cannot prove it owns the promissory note • did not act in compliance with state mediation requirements • violated the state’s Homeowner Bill of Rights • did not follow all of the required steps in the foreclosure process (as determined by state law), or • Made some other grievous error.

The downside to suing your lender is that if you’re unable to prove your case, this will only delay the foreclosure process. Lawsuits can be expensive and, if you have no reasonable basis for your claims, you could get stuck paying the lender’s court costs and attorneys’ fees. Call Ascent Law LLC today to learn more about Fighting Your Foreclosure in Court.

Talk to an Attorney

If you’re facing an imminent foreclosure sale and considering any of the options discussed in this article, it is strongly recommended that you consult with a local foreclosure attorney or bankruptcy attorney immediately. To get information about different loss mitigation options, you should also consider talking to a HUD-approved housing counselor.

Foreclosure Litigation

Unless you and your lender agree on how to cure the default on your mortgage, you are unlikely to stop the foreclosure process without taking court action. A lawsuit must be filed with the Superior Court in the county where your property is located alleging the basis for stopping the foreclosure — for example, violations of foreclosure or lending laws. Your lawsuit must also request that the court issue temporary restraining orders and a preliminary injunction to stop the foreclosure process while your lawsuit is pending. The temporary restraining orders are typically sought within days of filing the lawsuit and are generally granted by the court; however, by law the temporary restraining orders cannot last longer than 22 days. Therefore, the court will also set a hearing date within the 22 days regarding whether a preliminary injunction should be issued stopping the foreclosure for the duration of the lawsuit.

How much will it Cost?

Most homeowners that pick up the phone and call us for a free consultation want to know how much it will cost to file a lawsuit against their mortgage company to stop foreclosure. The truth is that we typically cannot answer this question until we ask a few of our own. • We need to know when the sale is scheduled to be sold. • How many payments have been missed on the mortgage? • What type of income the homeowner currently has? • Has the homeowner ever filed for Bankruptcy? Depending on the circumstances, there may be a few other questions that we need answered as well before determining how much it would cost to enter into mortgage litigation. How Long Will It Take? Once you file a lawsuit against your mortgage company with Consumer Action Law Group, it typically takes 6 to 9 months to resolve the case. These numbers are merely an average, as we’ve had many progress quicker, and a few take a little longer than the allotted time above. What Can You Expect? You can expect the same results as our previous clients that have sued their mortgage company to stop their home from being sold at foreclosure auction. Our foreclosure defense lawyers have an excellent winning record in mortgage litigation cases, and are ready to fight for you. Call us today to speak with our team about how you can get started today.

Can I Really Stop Foreclosure?

Absolutely! Many recent cases have been filed improperly and an experienced attorney can assist with the identification and filing of substantive and procedural defenses with the court and vigorously defend your case.

Due to the lender’s actions, omissions or other facts surrounding your case, you may be able to stop making mortgage payments and stay In your home while your attorney vigorously defends your property. This does not necessarily mean that you will not have to pay the loan back or completely Stop Foreclosure.

It is possible to completely Stop Foreclosure if the bank or lender is in violation of the Florida Unfair Lending Act or other predatory lending practices. If the lender has committed such a violation, the entire principal and interest balance may be waived and the mortgage may be voided. This may not be relevant in your case. But, at the very least, a successful defense can do is buying you precious time to:

Stay in your home * Negotiate a work-out with the bank * Sell your home for a fair price * Refinance your home at a fair rate * Continue to collect rent on the property * Apply for a Court Ordered repayment plan * File a Chapter 13 or 7 Bankruptcy

Foreclosure Attorney Free Consultation

When you need legal help with a foreclosure in Utah, please call Ascent Law LLC for your free consultation [phone]. We want to help you with your foreclosure.

Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: [phone]

Ascent Law LLC

4.9 stars – based on 67 reviews

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from https://www.ascentlawfirm.com/how-do-you-stop-a-foreclosure-from-lawsuit/

from Criminal Defense Lawyer West Jordan Utah - Blog http://criminaldefenselawyerwestjordanutah.weebly.com/blog/how-do-you-stop-a-foreclosure-from-lawsuit

[advertphoto]

How Do You Stop A Foreclosure From Lawsuit

Foreclosure is a legal process in which a lender attempts to recover the balance of a loan from a borrower who has stopped making payments to the lender by forcing the sale of the asset used as the collateral for the loan.

Formally, a mortgage lender (mortgagee), or other lien holder, obtains a termination of a mortgage borrower (mortgagor)’s equitable right of redemption, either by court order or by operation of law (after following a specific statutory procedure).

Usually a lender obtains a security interest from a borrower who mortgages or pledges an asset like a house to secure the loan. If the borrower defaults and the lender tries to repossess the property, courts of equity can grant the borrower the equitable right of redemption if the borrower repays the debt. While this equitable right exists, it is a cloud on title and the lender cannot be sure that they can repossess the property. Therefore, through the process of foreclosure, the lender seeks to immediately terminate the equitable right of redemption and take both legal and equitable title to the property in fee simple. Other lien holders can also foreclose the owner’s right of redemption for other debts, such as for overdue taxes, unpaid contractors’ bills or overdue homeowner association dues or assessments.

How Foreclosure Works

When you buy expensive property, such as a home, you might not have enough money to pay the entire purchase price up front. However, you can pay a portion of the price with a down payment, and borrow the rest of the money (to be repaid in future years).

Homes can cost hundreds of thousands of dollars, and most people don’t earn anywhere near that much annually. Why are lenders willing to offer such large loans? As part of the loan agreement, you agree that the property you’re buying will serve as collateral for the loan: if you stop making payments, the lender can take possession of the property in order to recover the funds they lent you.

To secure this right, the lender has a lien on your property, and to improve their chances of getting enough money, they (usually) only lend if you’ve got a good loan to value ratio.

File a Lawsuit to Stop Your Foreclosure

Despite the banks best efforts, you’ve fought off foreclosure for longer than you expected to be able to. Perhaps you’ve used a third party to postpone the foreclosure process, or even filed for Bankruptcy to stop the sale – but this time it looks like they’re really going to go through with selling the home. Many people think that they are at the end of the road, with no legal option to stop their foreclosure, but filing a lawsuit to save your home may be the best option you have.

Filing a lawsuit against your lender to stop foreclosure is effective, and can ease all of the stresses that most homeowners deal with while stuck in the process. The official legal term is “mortgage litigation,” and most cases against lenders never make it to trial. Instead, our foreclosure attorneys go up against legal counsel that represents the bank, and negotiate a deal that prevents the two parties from having to spend the big bucks by taking the case to trial.

Many homeowners facing foreclosure don’t even take the time to call us for a free consultation because they think that filing a lawsuit to stop foreclosure will simply be too expensive and time consuming. The truth is, that our foreclosure defense attorney’s goal is to leave you in a much better position than when you first decide to sue the lender. Our free consultations will answer all your questions regarding cost, timeline, and what you can reasonably expect in the end.

There are 2 common legal options that can prevent a foreclosure. These options include either filing a lawsuit [foreclosure litigation], or filing a bankruptcy. The best legal strategy to stop a foreclosure depends on your personal situation and is best carried out by a successful foreclosure attorney with a strong track record of stopping foreclosure and saving homes.

A homeowner can sue their lender if they illegally issue a notice of trustee sale or initiate a foreclosure sale in violation of the California foreclosure laws. In many cases, lenders do not comply with the California laws that protect a homeowner from an illegal foreclosure. An experienced foreclosure lawyer can immediately determine if the lender has violated the law and if it is possible to file a lawsuit to stop foreclosure proceedings.

Bankruptcy is also a very effective legal strategy for stopping a foreclosure proceeding immediately. An experienced foreclosure attorney can file the case to stop a sale the same day. In many instances, bankruptcy allows individuals to restructure debts, get debt relief, stop foreclosure sales, and keep the home.

A loan modification is a negotiated agreement to change the monthly payment you make, the length of the loan, and the interest rates the loan charges. This type of negotiation does not require a foreclosure lawyer. When it is impossible to continue making payments on a property, a short sale is another way to avoid foreclosure. The lender must agree to sell the property for the current value. This usually results in avoiding a claim from the lender later, and may result in making money from the sale depending on whether there is equity in the property.

A deed in lieu of foreclosure can also prevent a foreclosure and possibly keep a foreclosure from affecting long term credit rating and a borrower’s ability to buy another home.

Foreclosure is a complicated and emotionally draining process. If you are having received a notice of foreclosure, notice of default, or notice of trustee sale, you should pick up the phone and talk to a foreclosure lawyer at Consumer Action Law Group. Their lawyers are trained and dedicated to preventing foreclosure, with a documented record of success in all methods of stopping foreclosure and saving homes. Call our foreclosure attorney today. We offer free legal advice on the first call, and we can stop your sale right away and save your home.

File a Lawsuit to Stop the Foreclosure

If your lender is using a no judicial process to foreclose—where the foreclosure is completed outside of the court system—then you might be able to delay or stop the foreclosure by filing a lawsuit against the lender to challenge the foreclosure. This tactic normally won’t work if the foreclosure is judicial because by the time of a foreclosure sale, you’ve already had your opportunity to be heard in court.

To prevail in your lawsuit against your lender, you will need to prove to the satisfaction of the court that the foreclosure should not take place because, for example, the foreclosing lender:

• cannot prove it owns the promissory note • did not act in compliance with state mediation requirements • violated the state’s Homeowner Bill of Rights • did not follow all of the required steps in the foreclosure process (as determined by state law), or • Made some other grievous error.

The downside to suing your lender is that if you’re unable to prove your case, this will only delay the foreclosure process. Lawsuits can be expensive and, if you have no reasonable basis for your claims, you could get stuck paying the lender’s court costs and attorneys’ fees. Call Ascent Law LLC today to learn more about Fighting Your Foreclosure in Court.

Talk to an Attorney

If you’re facing an imminent foreclosure sale and considering any of the options discussed in this article, it is strongly recommended that you consult with a local foreclosure attorney or bankruptcy attorney immediately. To get information about different loss mitigation options, you should also consider talking to a HUD-approved housing counselor.

Foreclosure Litigation

Unless you and your lender agree on how to cure the default on your mortgage, you are unlikely to stop the foreclosure process without taking court action. A lawsuit must be filed with the Superior Court in the county where your property is located alleging the basis for stopping the foreclosure — for example, violations of foreclosure or lending laws. Your lawsuit must also request that the court issue temporary restraining orders and a preliminary injunction to stop the foreclosure process while your lawsuit is pending. The temporary restraining orders are typically sought within days of filing the lawsuit and are generally granted by the court; however, by law the temporary restraining orders cannot last longer than 22 days. Therefore, the court will also set a hearing date within the 22 days regarding whether a preliminary injunction should be issued stopping the foreclosure for the duration of the lawsuit.

How much will it Cost?

Most homeowners that pick up the phone and call us for a free consultation want to know how much it will cost to file a lawsuit against their mortgage company to stop foreclosure. The truth is that we typically cannot answer this question until we ask a few of our own. • We need to know when the sale is scheduled to be sold. • How many payments have been missed on the mortgage? • What type of income the homeowner currently has? • Has the homeowner ever filed for Bankruptcy? Depending on the circumstances, there may be a few other questions that we need answered as well before determining how much it would cost to enter into mortgage litigation. How Long Will It Take? Once you file a lawsuit against your mortgage company with Consumer Action Law Group, it typically takes 6 to 9 months to resolve the case. These numbers are merely an average, as we’ve had many progress quicker, and a few take a little longer than the allotted time above. What Can You Expect? You can expect the same results as our previous clients that have sued their mortgage company to stop their home from being sold at foreclosure auction. Our foreclosure defense lawyers have an excellent winning record in mortgage litigation cases, and are ready to fight for you. Call us today to speak with our team about how you can get started today.

Can I Really Stop Foreclosure?

Absolutely! Many recent cases have been filed improperly and an experienced attorney can assist with the identification and filing of substantive and procedural defenses with the court and vigorously defend your case.

Due to the lender’s actions, omissions or other facts surrounding your case, you may be able to stop making mortgage payments and stay In your home while your attorney vigorously defends your property. This does not necessarily mean that you will not have to pay the loan back or completely Stop Foreclosure.

It is possible to completely Stop Foreclosure if the bank or lender is in violation of the Florida Unfair Lending Act or other predatory lending practices. If the lender has committed such a violation, the entire principal and interest balance may be waived and the mortgage may be voided. This may not be relevant in your case. But, at the very least, a successful defense can do is buying you precious time to:

Stay in your home * Negotiate a work-out with the bank * Sell your home for a fair price * Refinance your home at a fair rate * Continue to collect rent on the property * Apply for a Court Ordered repayment plan * File a Chapter 13 or 7 Bankruptcy

Foreclosure Attorney Free Consultation

When you need legal help with a foreclosure in Utah, please call Ascent Law LLC for your free consultation [phone]. We want to help you with your foreclosure.

Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: [phone]

Ascent Law LLC

4.9 stars – based on 67 reviews

Recent Posts

Is A Loan Modification A Good Idea?

Family Lawyer Layton Utah

What Needs To Be Done If I Have Full Custody For The Father To Sign Over Rights?

Bankruptcy Lawyer Morgan Utah

Can A DUI Charge Be Dropped?

Can The Executor Of A Will Take Everything?

Source: https://www.ascentlawfirm.com/how-do-you-stop-a-foreclosure-from-lawsuit/

[michaeljames1221]

How Do You Stop A Foreclosure From Lawsuit

Foreclosure is a legal process in which a lender attempts to recover the balance of a loan from a borrower who has stopped making payments to the lender by forcing the sale of the asset used as the collateral for the loan.

Formally, a mortgage lender (mortgagee), or other lien holder, obtains a termination of a mortgage borrower (mortgagor)’s equitable right of redemption, either by court order or by operation of law (after following a specific statutory procedure).

Usually a lender obtains a security interest from a borrower who mortgages or pledges an asset like a house to secure the loan. If the borrower defaults and the lender tries to repossess the property, courts of equity can grant the borrower the equitable right of redemption if the borrower repays the debt. While this equitable right exists, it is a cloud on title and the lender cannot be sure that they can repossess the property. Therefore, through the process of foreclosure, the lender seeks to immediately terminate the equitable right of redemption and take both legal and equitable title to the property in fee simple. Other lien holders can also foreclose the owner’s right of redemption for other debts, such as for overdue taxes, unpaid contractors’ bills or overdue homeowner association dues or assessments.

How Foreclosure Works

When you buy expensive property, such as a home, you might not have enough money to pay the entire purchase price up front. However, you can pay a portion of the price with a down payment, and borrow the rest of the money (to be repaid in future years).

Homes can cost hundreds of thousands of dollars, and most people don’t earn anywhere near that much annually. Why are lenders willing to offer such large loans? As part of the loan agreement, you agree that the property you’re buying will serve as collateral for the loan: if you stop making payments, the lender can take possession of the property in order to recover the funds they lent you.

To secure this right, the lender has a lien on your property, and to improve their chances of getting enough money, they (usually) only lend if you’ve got a good loan to value ratio.

File a Lawsuit to Stop Your Foreclosure

Despite the banks best efforts, you’ve fought off foreclosure for longer than you expected to be able to. Perhaps you’ve used a third party to postpone the foreclosure process, or even filed for Bankruptcy to stop the sale – but this time it looks like they’re really going to go through with selling the home. Many people think that they are at the end of the road, with no legal option to stop their foreclosure, but filing a lawsuit to save your home may be the best option you have.

Filing a lawsuit against your lender to stop foreclosure is effective, and can ease all of the stresses that most homeowners deal with while stuck in the process. The official legal term is “mortgage litigation,” and most cases against lenders never make it to trial. Instead, our foreclosure attorneys go up against legal counsel that represents the bank, and negotiate a deal that prevents the two parties from having to spend the big bucks by taking the case to trial.

Many homeowners facing foreclosure don’t even take the time to call us for a free consultation because they think that filing a lawsuit to stop foreclosure will simply be too expensive and time consuming. The truth is, that our foreclosure defense attorney’s goal is to leave you in a much better position than when you first decide to sue the lender. Our free consultations will answer all your questions regarding cost, timeline, and what you can reasonably expect in the end.

There are 2 common legal options that can prevent a foreclosure. These options include either filing a lawsuit [foreclosure litigation], or filing a bankruptcy. The best legal strategy to stop a foreclosure depends on your personal situation and is best carried out by a successful foreclosure attorney with a strong track record of stopping foreclosure and saving homes.

A homeowner can sue their lender if they illegally issue a notice of trustee sale or initiate a foreclosure sale in violation of the California foreclosure laws. In many cases, lenders do not comply with the California laws that protect a homeowner from an illegal foreclosure. An experienced foreclosure lawyer can immediately determine if the lender has violated the law and if it is possible to file a lawsuit to stop foreclosure proceedings.

Bankruptcy is also a very effective legal strategy for stopping a foreclosure proceeding immediately. An experienced foreclosure attorney can file the case to stop a sale the same day. In many instances, bankruptcy allows individuals to restructure debts, get debt relief, stop foreclosure sales, and keep the home.

A loan modification is a negotiated agreement to change the monthly payment you make, the length of the loan, and the interest rates the loan charges. This type of negotiation does not require a foreclosure lawyer. When it is impossible to continue making payments on a property, a short sale is another way to avoid foreclosure. The lender must agree to sell the property for the current value. This usually results in avoiding a claim from the lender later, and may result in making money from the sale depending on whether there is equity in the property.

A deed in lieu of foreclosure can also prevent a foreclosure and possibly keep a foreclosure from affecting long term credit rating and a borrower’s ability to buy another home.

Foreclosure is a complicated and emotionally draining process. If you are having received a notice of foreclosure, notice of default, or notice of trustee sale, you should pick up the phone and talk to a foreclosure lawyer at Consumer Action Law Group. Their lawyers are trained and dedicated to preventing foreclosure, with a documented record of success in all methods of stopping foreclosure and saving homes. Call our foreclosure attorney today. We offer free legal advice on the first call, and we can stop your sale right away and save your home.

File a Lawsuit to Stop the Foreclosure

If your lender is using a no judicial process to foreclose—where the foreclosure is completed outside of the court system—then you might be able to delay or stop the foreclosure by filing a lawsuit against the lender to challenge the foreclosure. This tactic normally won’t work if the foreclosure is judicial because by the time of a foreclosure sale, you’ve already had your opportunity to be heard in court.

To prevail in your lawsuit against your lender, you will need to prove to the satisfaction of the court that the foreclosure should not take place because, for example, the foreclosing lender:

• cannot prove it owns the promissory note • did not act in compliance with state mediation requirements • violated the state’s Homeowner Bill of Rights • did not follow all of the required steps in the foreclosure process (as determined by state law), or • Made some other grievous error.

The downside to suing your lender is that if you’re unable to prove your case, this will only delay the foreclosure process. Lawsuits can be expensive and, if you have no reasonable basis for your claims, you could get stuck paying the lender’s court costs and attorneys’ fees. Call Ascent Law LLC today to learn more about Fighting Your Foreclosure in Court.

Talk to an Attorney

If you’re facing an imminent foreclosure sale and considering any of the options discussed in this article, it is strongly recommended that you consult with a local foreclosure attorney or bankruptcy attorney immediately. To get information about different loss mitigation options, you should also consider talking to a HUD-approved housing counselor.

Foreclosure Litigation

Unless you and your lender agree on how to cure the default on your mortgage, you are unlikely to stop the foreclosure process without taking court action. A lawsuit must be filed with the Superior Court in the county where your property is located alleging the basis for stopping the foreclosure — for example, violations of foreclosure or lending laws. Your lawsuit must also request that the court issue temporary restraining orders and a preliminary injunction to stop the foreclosure process while your lawsuit is pending. The temporary restraining orders are typically sought within days of filing the lawsuit and are generally granted by the court; however, by law the temporary restraining orders cannot last longer than 22 days. Therefore, the court will also set a hearing date within the 22 days regarding whether a preliminary injunction should be issued stopping the foreclosure for the duration of the lawsuit.

How much will it Cost?

Most homeowners that pick up the phone and call us for a free consultation want to know how much it will cost to file a lawsuit against their mortgage company to stop foreclosure. The truth is that we typically cannot answer this question until we ask a few of our own. • We need to know when the sale is scheduled to be sold. • How many payments have been missed on the mortgage? • What type of income the homeowner currently has? • Has the homeowner ever filed for Bankruptcy? Depending on the circumstances, there may be a few other questions that we need answered as well before determining how much it would cost to enter into mortgage litigation. How Long Will It Take? Once you file a lawsuit against your mortgage company with Consumer Action Law Group, it typically takes 6 to 9 months to resolve the case. These numbers are merely an average, as we’ve had many progress quicker, and a few take a little longer than the allotted time above. What Can You Expect? You can expect the same results as our previous clients that have sued their mortgage company to stop their home from being sold at foreclosure auction. Our foreclosure defense lawyers have an excellent winning record in mortgage litigation cases, and are ready to fight for you. Call us today to speak with our team about how you can get started today.

Can I Really Stop Foreclosure?

Absolutely! Many recent cases have been filed improperly and an experienced attorney can assist with the identification and filing of substantive and procedural defenses with the court and vigorously defend your case.

Due to the lender’s actions, omissions or other facts surrounding your case, you may be able to stop making mortgage payments and stay In your home while your attorney vigorously defends your property. This does not necessarily mean that you will not have to pay the loan back or completely Stop Foreclosure.

It is possible to completely Stop Foreclosure if the bank or lender is in violation of the Florida Unfair Lending Act or other predatory lending practices. If the lender has committed such a violation, the entire principal and interest balance may be waived and the mortgage may be voided. This may not be relevant in your case. But, at the very least, a successful defense can do is buying you precious time to:

Stay in your home * Negotiate a work-out with the bank * Sell your home for a fair price * Refinance your home at a fair rate * Continue to collect rent on the property * Apply for a Court Ordered repayment plan * File a Chapter 13 or 7 Bankruptcy

Foreclosure Attorney Free Consultation

When you need legal help with a foreclosure in Utah, please call Ascent Law LLC for your free consultation [phone]. We want to help you with your foreclosure.

Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: [phone]

Ascent Law LLC

4.9 stars – based on 67 reviews

Recent Posts

Is A Loan Modification A Good Idea?

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from Michael Anderson https://www.ascentlawfirm.com/how-do-you-stop-a-foreclosure-from-lawsuit/

from Criminal Defense Lawyer West Jordan Utah https://criminaldefenselawyerwestjordanutah.wordpress.com/2020/02/29/how-do-you-stop-a-foreclosure-from-lawsuit/

[gonnagoandrunwiththehorses]

How Do You Stop A Foreclosure From Lawsuit

Foreclosure is a legal process in which a lender attempts to recover the balance of a loan from a borrower who has stopped making payments to the lender by forcing the sale of the asset used as the collateral for the loan.

Formally, a mortgage lender (mortgagee), or other lien holder, obtains a termination of a mortgage borrower (mortgagor)’s equitable right of redemption, either by court order or by operation of law (after following a specific statutory procedure).

Usually a lender obtains a security interest from a borrower who mortgages or pledges an asset like a house to secure the loan. If the borrower defaults and the lender tries to repossess the property, courts of equity can grant the borrower the equitable right of redemption if the borrower repays the debt. While this equitable right exists, it is a cloud on title and the lender cannot be sure that they can repossess the property. Therefore, through the process of foreclosure, the lender seeks to immediately terminate the equitable right of redemption and take both legal and equitable title to the property in fee simple. Other lien holders can also foreclose the owner’s right of redemption for other debts, such as for overdue taxes, unpaid contractors’ bills or overdue homeowner association dues or assessments.

How Foreclosure Works

When you buy expensive property, such as a home, you might not have enough money to pay the entire purchase price up front. However, you can pay a portion of the price with a down payment, and borrow the rest of the money (to be repaid in future years).

Homes can cost hundreds of thousands of dollars, and most people don’t earn anywhere near that much annually. Why are lenders willing to offer such large loans? As part of the loan agreement, you agree that the property you’re buying will serve as collateral for the loan: if you stop making payments, the lender can take possession of the property in order to recover the funds they lent you.

To secure this right, the lender has a lien on your property, and to improve their chances of getting enough money, they (usually) only lend if you’ve got a good loan to value ratio.

File a Lawsuit to Stop Your Foreclosure

Despite the banks best efforts, you’ve fought off foreclosure for longer than you expected to be able to. Perhaps you’ve used a third party to postpone the foreclosure process, or even filed for Bankruptcy to stop the sale – but this time it looks like they’re really going to go through with selling the home. Many people think that they are at the end of the road, with no legal option to stop their foreclosure, but filing a lawsuit to save your home may be the best option you have.

Filing a lawsuit against your lender to stop foreclosure is effective, and can ease all of the stresses that most homeowners deal with while stuck in the process. The official legal term is “mortgage litigation,” and most cases against lenders never make it to trial. Instead, our foreclosure attorneys go up against legal counsel that represents the bank, and negotiate a deal that prevents the two parties from having to spend the big bucks by taking the case to trial.

Many homeowners facing foreclosure don’t even take the time to call us for a free consultation because they think that filing a lawsuit to stop foreclosure will simply be too expensive and time consuming. The truth is, that our foreclosure defense attorney’s goal is to leave you in a much better position than when you first decide to sue the lender. Our free consultations will answer all your questions regarding cost, timeline, and what you can reasonably expect in the end.

There are 2 common legal options that can prevent a foreclosure. These options include either filing a lawsuit [foreclosure litigation], or filing a bankruptcy. The best legal strategy to stop a foreclosure depends on your personal situation and is best carried out by a successful foreclosure attorney with a strong track record of stopping foreclosure and saving homes.

A homeowner can sue their lender if they illegally issue a notice of trustee sale or initiate a foreclosure sale in violation of the California foreclosure laws. In many cases, lenders do not comply with the California laws that protect a homeowner from an illegal foreclosure. An experienced foreclosure lawyer can immediately determine if the lender has violated the law and if it is possible to file a lawsuit to stop foreclosure proceedings.

Bankruptcy is also a very effective legal strategy for stopping a foreclosure proceeding immediately. An experienced foreclosure attorney can file the case to stop a sale the same day. In many instances, bankruptcy allows individuals to restructure debts, get debt relief, stop foreclosure sales, and keep the home.

A loan modification is a negotiated agreement to change the monthly payment you make, the length of the loan, and the interest rates the loan charges. This type of negotiation does not require a foreclosure lawyer. When it is impossible to continue making payments on a property, a short sale is another way to avoid foreclosure. The lender must agree to sell the property for the current value. This usually results in avoiding a claim from the lender later, and may result in making money from the sale depending on whether there is equity in the property.

A deed in lieu of foreclosure can also prevent a foreclosure and possibly keep a foreclosure from affecting long term credit rating and a borrower’s ability to buy another home.

Foreclosure is a complicated and emotionally draining process. If you are having received a notice of foreclosure, notice of default, or notice of trustee sale, you should pick up the phone and talk to a foreclosure lawyer at Consumer Action Law Group. Their lawyers are trained and dedicated to preventing foreclosure, with a documented record of success in all methods of stopping foreclosure and saving homes. Call our foreclosure attorney today. We offer free legal advice on the first call, and we can stop your sale right away and save your home.

File a Lawsuit to Stop the Foreclosure

If your lender is using a no judicial process to foreclose—where the foreclosure is completed outside of the court system—then you might be able to delay or stop the foreclosure by filing a lawsuit against the lender to challenge the foreclosure. This tactic normally won’t work if the foreclosure is judicial because by the time of a foreclosure sale, you’ve already had your opportunity to be heard in court.

To prevail in your lawsuit against your lender, you will need to prove to the satisfaction of the court that the foreclosure should not take place because, for example, the foreclosing lender:

• cannot prove it owns the promissory note • did not act in compliance with state mediation requirements • violated the state’s Homeowner Bill of Rights • did not follow all of the required steps in the foreclosure process (as determined by state law), or • Made some other grievous error.

The downside to suing your lender is that if you’re unable to prove your case, this will only delay the foreclosure process. Lawsuits can be expensive and, if you have no reasonable basis for your claims, you could get stuck paying the lender’s court costs and attorneys’ fees. Call Ascent Law LLC today to learn more about Fighting Your Foreclosure in Court.

Talk to an Attorney

If you’re facing an imminent foreclosure sale and considering any of the options discussed in this article, it is strongly recommended that you consult with a local foreclosure attorney or bankruptcy attorney immediately. To get information about different loss mitigation options, you should also consider talking to a HUD-approved housing counselor.

Foreclosure Litigation

Unless you and your lender agree on how to cure the default on your mortgage, you are unlikely to stop the foreclosure process without taking court action. A lawsuit must be filed with the Superior Court in the county where your property is located alleging the basis for stopping the foreclosure — for example, violations of foreclosure or lending laws. Your lawsuit must also request that the court issue temporary restraining orders and a preliminary injunction to stop the foreclosure process while your lawsuit is pending. The temporary restraining orders are typically sought within days of filing the lawsuit and are generally granted by the court; however, by law the temporary restraining orders cannot last longer than 22 days. Therefore, the court will also set a hearing date within the 22 days regarding whether a preliminary injunction should be issued stopping the foreclosure for the duration of the lawsuit.

How much will it Cost?

Most homeowners that pick up the phone and call us for a free consultation want to know how much it will cost to file a lawsuit against their mortgage company to stop foreclosure. The truth is that we typically cannot answer this question until we ask a few of our own. • We need to know when the sale is scheduled to be sold. • How many payments have been missed on the mortgage? • What type of income the homeowner currently has? • Has the homeowner ever filed for Bankruptcy? Depending on the circumstances, there may be a few other questions that we need answered as well before determining how much it would cost to enter into mortgage litigation. How Long Will It Take? Once you file a lawsuit against your mortgage company with Consumer Action Law Group, it typically takes 6 to 9 months to resolve the case. These numbers are merely an average, as we’ve had many progress quicker, and a few take a little longer than the allotted time above. What Can You Expect? You can expect the same results as our previous clients that have sued their mortgage company to stop their home from being sold at foreclosure auction. Our foreclosure defense lawyers have an excellent winning record in mortgage litigation cases, and are ready to fight for you. Call us today to speak with our team about how you can get started today.

Can I Really Stop Foreclosure?

Absolutely! Many recent cases have been filed improperly and an experienced attorney can assist with the identification and filing of substantive and procedural defenses with the court and vigorously defend your case.

Due to the lender’s actions, omissions or other facts surrounding your case, you may be able to stop making mortgage payments and stay In your home while your attorney vigorously defends your property. This does not necessarily mean that you will not have to pay the loan back or completely Stop Foreclosure.

It is possible to completely Stop Foreclosure if the bank or lender is in violation of the Florida Unfair Lending Act or other predatory lending practices. If the lender has committed such a violation, the entire principal and interest balance may be waived and the mortgage may be voided. This may not be relevant in your case. But, at the very least, a successful defense can do is buying you precious time to:

Stay in your home * Negotiate a work-out with the bank * Sell your home for a fair price * Refinance your home at a fair rate * Continue to collect rent on the property * Apply for a Court Ordered repayment plan * File a Chapter 13 or 7 Bankruptcy

Foreclosure Attorney Free Consultation

When you need legal help with a foreclosure in Utah, please call Ascent Law LLC for your free consultation [phone]. We want to help you with your foreclosure.

Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: [phone]

Ascent Law LLC

4.9 stars – based on 67 reviews

Recent Posts

Is A Loan Modification A Good Idea?

Family Lawyer Layton Utah

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Can A DUI Charge Be Dropped?

Can The Executor Of A Will Take Everything?

Source: https://www.ascentlawfirm.com/how-do-you-stop-a-foreclosure-from-lawsuit/

[melissawalker01]

How Do You Stop A Foreclosure From Lawsuit

Foreclosure is a legal process in which a lender attempts to recover the balance of a loan from a borrower who has stopped making payments to the lender by forcing the sale of the asset used as the collateral for the loan.

Formally, a mortgage lender (mortgagee), or other lien holder, obtains a termination of a mortgage borrower (mortgagor)’s equitable right of redemption, either by court order or by operation of law (after following a specific statutory procedure).

Usually a lender obtains a security interest from a borrower who mortgages or pledges an asset like a house to secure the loan. If the borrower defaults and the lender tries to repossess the property, courts of equity can grant the borrower the equitable right of redemption if the borrower repays the debt. While this equitable right exists, it is a cloud on title and the lender cannot be sure that they can repossess the property. Therefore, through the process of foreclosure, the lender seeks to immediately terminate the equitable right of redemption and take both legal and equitable title to the property in fee simple. Other lien holders can also foreclose the owner’s right of redemption for other debts, such as for overdue taxes, unpaid contractors’ bills or overdue homeowner association dues or assessments.

How Foreclosure Works

When you buy expensive property, such as a home, you might not have enough money to pay the entire purchase price up front. However, you can pay a portion of the price with a down payment, and borrow the rest of the money (to be repaid in future years).

Homes can cost hundreds of thousands of dollars, and most people don’t earn anywhere near that much annually. Why are lenders willing to offer such large loans? As part of the loan agreement, you agree that the property you’re buying will serve as collateral for the loan: if you stop making payments, the lender can take possession of the property in order to recover the funds they lent you.

To secure this right, the lender has a lien on your property, and to improve their chances of getting enough money, they (usually) only lend if you’ve got a good loan to value ratio.

File a Lawsuit to Stop Your Foreclosure

Despite the banks best efforts, you’ve fought off foreclosure for longer than you expected to be able to. Perhaps you’ve used a third party to postpone the foreclosure process, or even filed for Bankruptcy to stop the sale – but this time it looks like they’re really going to go through with selling the home. Many people think that they are at the end of the road, with no legal option to stop their foreclosure, but filing a lawsuit to save your home may be the best option you have.

Filing a lawsuit against your lender to stop foreclosure is effective, and can ease all of the stresses that most homeowners deal with while stuck in the process. The official legal term is “mortgage litigation,” and most cases against lenders never make it to trial. Instead, our foreclosure attorneys go up against legal counsel that represents the bank, and negotiate a deal that prevents the two parties from having to spend the big bucks by taking the case to trial.

Many homeowners facing foreclosure don’t even take the time to call us for a free consultation because they think that filing a lawsuit to stop foreclosure will simply be too expensive and time consuming. The truth is, that our foreclosure defense attorney’s goal is to leave you in a much better position than when you first decide to sue the lender. Our free consultations will answer all your questions regarding cost, timeline, and what you can reasonably expect in the end.

There are 2 common legal options that can prevent a foreclosure. These options include either filing a lawsuit [foreclosure litigation], or filing a bankruptcy. The best legal strategy to stop a foreclosure depends on your personal situation and is best carried out by a successful foreclosure attorney with a strong track record of stopping foreclosure and saving homes.

A homeowner can sue their lender if they illegally issue a notice of trustee sale or initiate a foreclosure sale in violation of the California foreclosure laws. In many cases, lenders do not comply with the California laws that protect a homeowner from an illegal foreclosure. An experienced foreclosure lawyer can immediately determine if the lender has violated the law and if it is possible to file a lawsuit to stop foreclosure proceedings.

Bankruptcy is also a very effective legal strategy for stopping a foreclosure proceeding immediately. An experienced foreclosure attorney can file the case to stop a sale the same day. In many instances, bankruptcy allows individuals to restructure debts, get debt relief, stop foreclosure sales, and keep the home.

A loan modification is a negotiated agreement to change the monthly payment you make, the length of the loan, and the interest rates the loan charges. This type of negotiation does not require a foreclosure lawyer. When it is impossible to continue making payments on a property, a short sale is another way to avoid foreclosure. The lender must agree to sell the property for the current value. This usually results in avoiding a claim from the lender later, and may result in making money from the sale depending on whether there is equity in the property.

A deed in lieu of foreclosure can also prevent a foreclosure and possibly keep a foreclosure from affecting long term credit rating and a borrower’s ability to buy another home.

Foreclosure is a complicated and emotionally draining process. If you are having received a notice of foreclosure, notice of default, or notice of trustee sale, you should pick up the phone and talk to a foreclosure lawyer at Consumer Action Law Group. Their lawyers are trained and dedicated to preventing foreclosure, with a documented record of success in all methods of stopping foreclosure and saving homes. Call our foreclosure attorney today. We offer free legal advice on the first call, and we can stop your sale right away and save your home.

File a Lawsuit to Stop the Foreclosure

If your lender is using a no judicial process to foreclose—where the foreclosure is completed outside of the court system—then you might be able to delay or stop the foreclosure by filing a lawsuit against the lender to challenge the foreclosure. This tactic normally won’t work if the foreclosure is judicial because by the time of a foreclosure sale, you’ve already had your opportunity to be heard in court.

To prevail in your lawsuit against your lender, you will need to prove to the satisfaction of the court that the foreclosure should not take place because, for example, the foreclosing lender:

• cannot prove it owns the promissory note • did not act in compliance with state mediation requirements • violated the state’s Homeowner Bill of Rights • did not follow all of the required steps in the foreclosure process (as determined by state law), or • Made some other grievous error.

The downside to suing your lender is that if you’re unable to prove your case, this will only delay the foreclosure process. Lawsuits can be expensive and, if you have no reasonable basis for your claims, you could get stuck paying the lender’s court costs and attorneys’ fees. Call Ascent Law LLC today to learn more about Fighting Your Foreclosure in Court.

Talk to an Attorney

If you’re facing an imminent foreclosure sale and considering any of the options discussed in this article, it is strongly recommended that you consult with a local foreclosure attorney or bankruptcy attorney immediately. To get information about different loss mitigation options, you should also consider talking to a HUD-approved housing counselor.

Foreclosure Litigation

Unless you and your lender agree on how to cure the default on your mortgage, you are unlikely to stop the foreclosure process without taking court action. A lawsuit must be filed with the Superior Court in the county where your property is located alleging the basis for stopping the foreclosure — for example, violations of foreclosure or lending laws. Your lawsuit must also request that the court issue temporary restraining orders and a preliminary injunction to stop the foreclosure process while your lawsuit is pending. The temporary restraining orders are typically sought within days of filing the lawsuit and are generally granted by the court; however, by law the temporary restraining orders cannot last longer than 22 days. Therefore, the court will also set a hearing date within the 22 days regarding whether a preliminary injunction should be issued stopping the foreclosure for the duration of the lawsuit.

How much will it Cost?

Most homeowners that pick up the phone and call us for a free consultation want to know how much it will cost to file a lawsuit against their mortgage company to stop foreclosure. The truth is that we typically cannot answer this question until we ask a few of our own. • We need to know when the sale is scheduled to be sold. • How many payments have been missed on the mortgage? • What type of income the homeowner currently has? • Has the homeowner ever filed for Bankruptcy? Depending on the circumstances, there may be a few other questions that we need answered as well before determining how much it would cost to enter into mortgage litigation. How Long Will It Take? Once you file a lawsuit against your mortgage company with Consumer Action Law Group, it typically takes 6 to 9 months to resolve the case. These numbers are merely an average, as we’ve had many progress quicker, and a few take a little longer than the allotted time above. What Can You Expect? You can expect the same results as our previous clients that have sued their mortgage company to stop their home from being sold at foreclosure auction. Our foreclosure defense lawyers have an excellent winning record in mortgage litigation cases, and are ready to fight for you. Call us today to speak with our team about how you can get started today.

Can I Really Stop Foreclosure?

Absolutely! Many recent cases have been filed improperly and an experienced attorney can assist with the identification and filing of substantive and procedural defenses with the court and vigorously defend your case.

Due to the lender’s actions, omissions or other facts surrounding your case, you may be able to stop making mortgage payments and stay In your home while your attorney vigorously defends your property. This does not necessarily mean that you will not have to pay the loan back or completely Stop Foreclosure.

It is possible to completely Stop Foreclosure if the bank or lender is in violation of the Florida Unfair Lending Act or other predatory lending practices. If the lender has committed such a violation, the entire principal and interest balance may be waived and the mortgage may be voided. This may not be relevant in your case. But, at the very least, a successful defense can do is buying you precious time to:

Stay in your home * Negotiate a work-out with the bank * Sell your home for a fair price * Refinance your home at a fair rate * Continue to collect rent on the property * Apply for a Court Ordered repayment plan * File a Chapter 13 or 7 Bankruptcy

Foreclosure Attorney Free Consultation

When you need legal help with a foreclosure in Utah, please call Ascent Law LLC for your free consultation [phone]. We want to help you with your foreclosure.

Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: [phone]

Ascent Law LLC

4.9 stars – based on 67 reviews

Recent Posts

Is A Loan Modification A Good Idea?

Family Lawyer Layton Utah

What Needs To Be Done If I Have Full Custody For The Father To Sign Over Rights?

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Can The Executor Of A Will Take Everything?

from Michael Anderson https://www.ascentlawfirm.com/how-do-you-stop-a-foreclosure-from-lawsuit/ from Divorce Lawyer Nelson Farms Utah https://divorcelawyernelsonfarmsutah.tumblr.com/post/611259840200933376

[aretia]

How Do You Stop A Foreclosure From Lawsuit

Foreclosure is a legal process in which a lender attempts to recover the balance of a loan from a borrower who has stopped making payments to the lender by forcing the sale of the asset used as the collateral for the loan.

Formally, a mortgage lender (mortgagee), or other lien holder, obtains a termination of a mortgage borrower (mortgagor)’s equitable right of redemption, either by court order or by operation of law (after following a specific statutory procedure).

Usually a lender obtains a security interest from a borrower who mortgages or pledges an asset like a house to secure the loan. If the borrower defaults and the lender tries to repossess the property, courts of equity can grant the borrower the equitable right of redemption if the borrower repays the debt. While this equitable right exists, it is a cloud on title and the lender cannot be sure that they can repossess the property. Therefore, through the process of foreclosure, the lender seeks to immediately terminate the equitable right of redemption and take both legal and equitable title to the property in fee simple. Other lien holders can also foreclose the owner’s right of redemption for other debts, such as for overdue taxes, unpaid contractors’ bills or overdue homeowner association dues or assessments.

How Foreclosure Works

When you buy expensive property, such as a home, you might not have enough money to pay the entire purchase price up front. However, you can pay a portion of the price with a down payment, and borrow the rest of the money (to be repaid in future years).

Homes can cost hundreds of thousands of dollars, and most people don’t earn anywhere near that much annually. Why are lenders willing to offer such large loans? As part of the loan agreement, you agree that the property you’re buying will serve as collateral for the loan: if you stop making payments, the lender can take possession of the property in order to recover the funds they lent you.

To secure this right, the lender has a lien on your property, and to improve their chances of getting enough money, they (usually) only lend if you’ve got a good loan to value ratio.

File a Lawsuit to Stop Your Foreclosure

Despite the banks best efforts, you’ve fought off foreclosure for longer than you expected to be able to. Perhaps you’ve used a third party to postpone the foreclosure process, or even filed for Bankruptcy to stop the sale – but this time it looks like they’re really going to go through with selling the home. Many people think that they are at the end of the road, with no legal option to stop their foreclosure, but filing a lawsuit to save your home may be the best option you have.

Filing a lawsuit against your lender to stop foreclosure is effective, and can ease all of the stresses that most homeowners deal with while stuck in the process. The official legal term is “mortgage litigation,” and most cases against lenders never make it to trial. Instead, our foreclosure attorneys go up against legal counsel that represents the bank, and negotiate a deal that prevents the two parties from having to spend the big bucks by taking the case to trial.

Many homeowners facing foreclosure don’t even take the time to call us for a free consultation because they think that filing a lawsuit to stop foreclosure will simply be too expensive and time consuming. The truth is, that our foreclosure defense attorney’s goal is to leave you in a much better position than when you first decide to sue the lender. Our free consultations will answer all your questions regarding cost, timeline, and what you can reasonably expect in the end.

There are 2 common legal options that can prevent a foreclosure. These options include either filing a lawsuit [foreclosure litigation], or filing a bankruptcy. The best legal strategy to stop a foreclosure depends on your personal situation and is best carried out by a successful foreclosure attorney with a strong track record of stopping foreclosure and saving homes.

A homeowner can sue their lender if they illegally issue a notice of trustee sale or initiate a foreclosure sale in violation of the California foreclosure laws. In many cases, lenders do not comply with the California laws that protect a homeowner from an illegal foreclosure. An experienced foreclosure lawyer can immediately determine if the lender has violated the law and if it is possible to file a lawsuit to stop foreclosure proceedings.

Bankruptcy is also a very effective legal strategy for stopping a foreclosure proceeding immediately. An experienced foreclosure attorney can file the case to stop a sale the same day. In many instances, bankruptcy allows individuals to restructure debts, get debt relief, stop foreclosure sales, and keep the home.

A loan modification is a negotiated agreement to change the monthly payment you make, the length of the loan, and the interest rates the loan charges. This type of negotiation does not require a foreclosure lawyer. When it is impossible to continue making payments on a property, a short sale is another way to avoid foreclosure. The lender must agree to sell the property for the current value. This usually results in avoiding a claim from the lender later, and may result in making money from the sale depending on whether there is equity in the property.

A deed in lieu of foreclosure can also prevent a foreclosure and possibly keep a foreclosure from affecting long term credit rating and a borrower’s ability to buy another home.

Foreclosure is a complicated and emotionally draining process. If you are having received a notice of foreclosure, notice of default, or notice of trustee sale, you should pick up the phone and talk to a foreclosure lawyer at Consumer Action Law Group. Their lawyers are trained and dedicated to preventing foreclosure, with a documented record of success in all methods of stopping foreclosure and saving homes. Call our foreclosure attorney today. We offer free legal advice on the first call, and we can stop your sale right away and save your home.

File a Lawsuit to Stop the Foreclosure

If your lender is using a no judicial process to foreclose—where the foreclosure is completed outside of the court system—then you might be able to delay or stop the foreclosure by filing a lawsuit against the lender to challenge the foreclosure. This tactic normally won’t work if the foreclosure is judicial because by the time of a foreclosure sale, you’ve already had your opportunity to be heard in court.

To prevail in your lawsuit against your lender, you will need to prove to the satisfaction of the court that the foreclosure should not take place because, for example, the foreclosing lender:

• cannot prove it owns the promissory note • did not act in compliance with state mediation requirements • violated the state’s Homeowner Bill of Rights • did not follow all of the required steps in the foreclosure process (as determined by state law), or • Made some other grievous error.

The downside to suing your lender is that if you’re unable to prove your case, this will only delay the foreclosure process. Lawsuits can be expensive and, if you have no reasonable basis for your claims, you could get stuck paying the lender’s court costs and attorneys’ fees. Call Ascent Law LLC today to learn more about Fighting Your Foreclosure in Court.

Talk to an Attorney

If you’re facing an imminent foreclosure sale and considering any of the options discussed in this article, it is strongly recommended that you consult with a local foreclosure attorney or bankruptcy attorney immediately. To get information about different loss mitigation options, you should also consider talking to a HUD-approved housing counselor.

Foreclosure Litigation

Unless you and your lender agree on how to cure the default on your mortgage, you are unlikely to stop the foreclosure process without taking court action. A lawsuit must be filed with the Superior Court in the county where your property is located alleging the basis for stopping the foreclosure — for example, violations of foreclosure or lending laws. Your lawsuit must also request that the court issue temporary restraining orders and a preliminary injunction to stop the foreclosure process while your lawsuit is pending. The temporary restraining orders are typically sought within days of filing the lawsuit and are generally granted by the court; however, by law the temporary restraining orders cannot last longer than 22 days. Therefore, the court will also set a hearing date within the 22 days regarding whether a preliminary injunction should be issued stopping the foreclosure for the duration of the lawsuit.

How much will it Cost?

Most homeowners that pick up the phone and call us for a free consultation want to know how much it will cost to file a lawsuit against their mortgage company to stop foreclosure. The truth is that we typically cannot answer this question until we ask a few of our own. • We need to know when the sale is scheduled to be sold. • How many payments have been missed on the mortgage? • What type of income the homeowner currently has? • Has the homeowner ever filed for Bankruptcy? Depending on the circumstances, there may be a few other questions that we need answered as well before determining how much it would cost to enter into mortgage litigation. How Long Will It Take? Once you file a lawsuit against your mortgage company with Consumer Action Law Group, it typically takes 6 to 9 months to resolve the case. These numbers are merely an average, as we’ve had many progress quicker, and a few take a little longer than the allotted time above. What Can You Expect? You can expect the same results as our previous clients that have sued their mortgage company to stop their home from being sold at foreclosure auction. Our foreclosure defense lawyers have an excellent winning record in mortgage litigation cases, and are ready to fight for you. Call us today to speak with our team about how you can get started today.

Can I Really Stop Foreclosure?

Absolutely! Many recent cases have been filed improperly and an experienced attorney can assist with the identification and filing of substantive and procedural defenses with the court and vigorously defend your case.

Due to the lender’s actions, omissions or other facts surrounding your case, you may be able to stop making mortgage payments and stay In your home while your attorney vigorously defends your property. This does not necessarily mean that you will not have to pay the loan back or completely Stop Foreclosure.

It is possible to completely Stop Foreclosure if the bank or lender is in violation of the Florida Unfair Lending Act or other predatory lending practices. If the lender has committed such a violation, the entire principal and interest balance may be waived and the mortgage may be voided. This may not be relevant in your case. But, at the very least, a successful defense can do is buying you precious time to:

Stay in your home * Negotiate a work-out with the bank * Sell your home for a fair price * Refinance your home at a fair rate * Continue to collect rent on the property * Apply for a Court Ordered repayment plan * File a Chapter 13 or 7 Bankruptcy

Foreclosure Attorney Free Consultation

When you need legal help with a foreclosure in Utah, please call Ascent Law LLC for your free consultation [phone]. We want to help you with your foreclosure.

Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: [phone]

Ascent Law LLC

4.9 stars – based on 67 reviews

Recent Posts

Is A Loan Modification A Good Idea?

Family Lawyer Layton Utah

What Needs To Be Done If I Have Full Custody For The Father To Sign Over Rights?

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Can A DUI Charge Be Dropped?

Can The Executor Of A Will Take Everything?

Source: https://www.ascentlawfirm.com/how-do-you-stop-a-foreclosure-from-lawsuit/

[asafeatherwould]

How Do You Stop A Foreclosure From Lawsuit

Foreclosure is a legal process in which a lender attempts to recover the balance of a loan from a borrower who has stopped making payments to the lender by forcing the sale of the asset used as the collateral for the loan.

Formally, a mortgage lender (mortgagee), or other lien holder, obtains a termination of a mortgage borrower (mortgagor)’s equitable right of redemption, either by court order or by operation of law (after following a specific statutory procedure).

Usually a lender obtains a security interest from a borrower who mortgages or pledges an asset like a house to secure the loan. If the borrower defaults and the lender tries to repossess the property, courts of equity can grant the borrower the equitable right of redemption if the borrower repays the debt. While this equitable right exists, it is a cloud on title and the lender cannot be sure that they can repossess the property. Therefore, through the process of foreclosure, the lender seeks to immediately terminate the equitable right of redemption and take both legal and equitable title to the property in fee simple. Other lien holders can also foreclose the owner’s right of redemption for other debts, such as for overdue taxes, unpaid contractors’ bills or overdue homeowner association dues or assessments.

How Foreclosure Works

When you buy expensive property, such as a home, you might not have enough money to pay the entire purchase price up front. However, you can pay a portion of the price with a down payment, and borrow the rest of the money (to be repaid in future years).

Homes can cost hundreds of thousands of dollars, and most people don’t earn anywhere near that much annually. Why are lenders willing to offer such large loans? As part of the loan agreement, you agree that the property you’re buying will serve as collateral for the loan: if you stop making payments, the lender can take possession of the property in order to recover the funds they lent you.

To secure this right, the lender has a lien on your property, and to improve their chances of getting enough money, they (usually) only lend if you’ve got a good loan to value ratio.

File a Lawsuit to Stop Your Foreclosure

Despite the banks best efforts, you’ve fought off foreclosure for longer than you expected to be able to. Perhaps you’ve used a third party to postpone the foreclosure process, or even filed for Bankruptcy to stop the sale – but this time it looks like they’re really going to go through with selling the home. Many people think that they are at the end of the road, with no legal option to stop their foreclosure, but filing a lawsuit to save your home may be the best option you have.

Filing a lawsuit against your lender to stop foreclosure is effective, and can ease all of the stresses that most homeowners deal with while stuck in the process. The official legal term is “mortgage litigation,” and most cases against lenders never make it to trial. Instead, our foreclosure attorneys go up against legal counsel that represents the bank, and negotiate a deal that prevents the two parties from having to spend the big bucks by taking the case to trial.

Many homeowners facing foreclosure don’t even take the time to call us for a free consultation because they think that filing a lawsuit to stop foreclosure will simply be too expensive and time consuming. The truth is, that our foreclosure defense attorney’s goal is to leave you in a much better position than when you first decide to sue the lender. Our free consultations will answer all your questions regarding cost, timeline, and what you can reasonably expect in the end.

There are 2 common legal options that can prevent a foreclosure. These options include either filing a lawsuit [foreclosure litigation], or filing a bankruptcy. The best legal strategy to stop a foreclosure depends on your personal situation and is best carried out by a successful foreclosure attorney with a strong track record of stopping foreclosure and saving homes.

A homeowner can sue their lender if they illegally issue a notice of trustee sale or initiate a foreclosure sale in violation of the California foreclosure laws. In many cases, lenders do not comply with the California laws that protect a homeowner from an illegal foreclosure. An experienced foreclosure lawyer can immediately determine if the lender has violated the law and if it is possible to file a lawsuit to stop foreclosure proceedings.

Bankruptcy is also a very effective legal strategy for stopping a foreclosure proceeding immediately. An experienced foreclosure attorney can file the case to stop a sale the same day. In many instances, bankruptcy allows individuals to restructure debts, get debt relief, stop foreclosure sales, and keep the home.

A loan modification is a negotiated agreement to change the monthly payment you make, the length of the loan, and the interest rates the loan charges. This type of negotiation does not require a foreclosure lawyer. When it is impossible to continue making payments on a property, a short sale is another way to avoid foreclosure. The lender must agree to sell the property for the current value. This usually results in avoiding a claim from the lender later, and may result in making money from the sale depending on whether there is equity in the property.

A deed in lieu of foreclosure can also prevent a foreclosure and possibly keep a foreclosure from affecting long term credit rating and a borrower’s ability to buy another home.

Foreclosure is a complicated and emotionally draining process. If you are having received a notice of foreclosure, notice of default, or notice of trustee sale, you should pick up the phone and talk to a foreclosure lawyer at Consumer Action Law Group. Their lawyers are trained and dedicated to preventing foreclosure, with a documented record of success in all methods of stopping foreclosure and saving homes. Call our foreclosure attorney today. We offer free legal advice on the first call, and we can stop your sale right away and save your home.

File a Lawsuit to Stop the Foreclosure

If your lender is using a no judicial process to foreclose—where the foreclosure is completed outside of the court system—then you might be able to delay or stop the foreclosure by filing a lawsuit against the lender to challenge the foreclosure. This tactic normally won’t work if the foreclosure is judicial because by the time of a foreclosure sale, you’ve already had your opportunity to be heard in court.

To prevail in your lawsuit against your lender, you will need to prove to the satisfaction of the court that the foreclosure should not take place because, for example, the foreclosing lender:

• cannot prove it owns the promissory note • did not act in compliance with state mediation requirements • violated the state’s Homeowner Bill of Rights • did not follow all of the required steps in the foreclosure process (as determined by state law), or • Made some other grievous error.

The downside to suing your lender is that if you’re unable to prove your case, this will only delay the foreclosure process. Lawsuits can be expensive and, if you have no reasonable basis for your claims, you could get stuck paying the lender’s court costs and attorneys’ fees. Call Ascent Law LLC today to learn more about Fighting Your Foreclosure in Court.

Talk to an Attorney

If you’re facing an imminent foreclosure sale and considering any of the options discussed in this article, it is strongly recommended that you consult with a local foreclosure attorney or bankruptcy attorney immediately. To get information about different loss mitigation options, you should also consider talking to a HUD-approved housing counselor.

Foreclosure Litigation

Unless you and your lender agree on how to cure the default on your mortgage, you are unlikely to stop the foreclosure process without taking court action. A lawsuit must be filed with the Superior Court in the county where your property is located alleging the basis for stopping the foreclosure — for example, violations of foreclosure or lending laws. Your lawsuit must also request that the court issue temporary restraining orders and a preliminary injunction to stop the foreclosure process while your lawsuit is pending. The temporary restraining orders are typically sought within days of filing the lawsuit and are generally granted by the court; however, by law the temporary restraining orders cannot last longer than 22 days. Therefore, the court will also set a hearing date within the 22 days regarding whether a preliminary injunction should be issued stopping the foreclosure for the duration of the lawsuit.

How much will it Cost?

Most homeowners that pick up the phone and call us for a free consultation want to know how much it will cost to file a lawsuit against their mortgage company to stop foreclosure. The truth is that we typically cannot answer this question until we ask a few of our own. • We need to know when the sale is scheduled to be sold. • How many payments have been missed on the mortgage? • What type of income the homeowner currently has? • Has the homeowner ever filed for Bankruptcy? Depending on the circumstances, there may be a few other questions that we need answered as well before determining how much it would cost to enter into mortgage litigation. How Long Will It Take? Once you file a lawsuit against your mortgage company with Consumer Action Law Group, it typically takes 6 to 9 months to resolve the case. These numbers are merely an average, as we’ve had many progress quicker, and a few take a little longer than the allotted time above. What Can You Expect? You can expect the same results as our previous clients that have sued their mortgage company to stop their home from being sold at foreclosure auction. Our foreclosure defense lawyers have an excellent winning record in mortgage litigation cases, and are ready to fight for you. Call us today to speak with our team about how you can get started today.

Can I Really Stop Foreclosure?

Absolutely! Many recent cases have been filed improperly and an experienced attorney can assist with the identification and filing of substantive and procedural defenses with the court and vigorously defend your case.

Due to the lender’s actions, omissions or other facts surrounding your case, you may be able to stop making mortgage payments and stay In your home while your attorney vigorously defends your property. This does not necessarily mean that you will not have to pay the loan back or completely Stop Foreclosure.

It is possible to completely Stop Foreclosure if the bank or lender is in violation of the Florida Unfair Lending Act or other predatory lending practices. If the lender has committed such a violation, the entire principal and interest balance may be waived and the mortgage may be voided. This may not be relevant in your case. But, at the very least, a successful defense can do is buying you precious time to:

Stay in your home * Negotiate a work-out with the bank * Sell your home for a fair price * Refinance your home at a fair rate * Continue to collect rent on the property * Apply for a Court Ordered repayment plan * File a Chapter 13 or 7 Bankruptcy

Foreclosure Attorney Free Consultation

When you need legal help with a foreclosure in Utah, please call Ascent Law LLC for your free consultation [phone]. We want to help you with your foreclosure.

Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: [phone]

Ascent Law LLC

4.9 stars – based on 67 reviews

Recent Posts

Is A Loan Modification A Good Idea?

Family Lawyer Layton Utah

What Needs To Be Done If I Have Full Custody For The Father To Sign Over Rights?

Bankruptcy Lawyer Morgan Utah

Can A DUI Charge Be Dropped?

Can The Executor Of A Will Take Everything?

Source: https://www.ascentlawfirm.com/how-do-you-stop-a-foreclosure-from-lawsuit/

[divorcelawyergunnisonutah]

How Do You Stop A Foreclosure From Lawsuit

Foreclosure is a legal process in which a lender attempts to recover the balance of a loan from a borrower who has stopped making payments to the lender by forcing the sale of the asset used as the collateral for the loan.

Formally, a mortgage lender (mortgagee), or other lien holder, obtains a termination of a mortgage borrower (mortgagor)’s equitable right of redemption, either by court order or by operation of law (after following a specific statutory procedure).

Usually a lender obtains a security interest from a borrower who mortgages or pledges an asset like a house to secure the loan. If the borrower defaults and the lender tries to repossess the property, courts of equity can grant the borrower the equitable right of redemption if the borrower repays the debt. While this equitable right exists, it is a cloud on title and the lender cannot be sure that they can repossess the property. Therefore, through the process of foreclosure, the lender seeks to immediately terminate the equitable right of redemption and take both legal and equitable title to the property in fee simple. Other lien holders can also foreclose the owner’s right of redemption for other debts, such as for overdue taxes, unpaid contractors’ bills or overdue homeowner association dues or assessments.

How Foreclosure Works

When you buy expensive property, such as a home, you might not have enough money to pay the entire purchase price up front. However, you can pay a portion of the price with a down payment, and borrow the rest of the money (to be repaid in future years).

Homes can cost hundreds of thousands of dollars, and most people don’t earn anywhere near that much annually. Why are lenders willing to offer such large loans? As part of the loan agreement, you agree that the property you’re buying will serve as collateral for the loan: if you stop making payments, the lender can take possession of the property in order to recover the funds they lent you.

To secure this right, the lender has a lien on your property, and to improve their chances of getting enough money, they (usually) only lend if you’ve got a good loan to value ratio.

File a Lawsuit to Stop Your Foreclosure

Despite the banks best efforts, you’ve fought off foreclosure for longer than you expected to be able to. Perhaps you’ve used a third party to postpone the foreclosure process, or even filed for Bankruptcy to stop the sale – but this time it looks like they’re really going to go through with selling the home. Many people think that they are at the end of the road, with no legal option to stop their foreclosure, but filing a lawsuit to save your home may be the best option you have.

Filing a lawsuit against your lender to stop foreclosure is effective, and can ease all of the stresses that most homeowners deal with while stuck in the process. The official legal term is “mortgage litigation,” and most cases against lenders never make it to trial. Instead, our foreclosure attorneys go up against legal counsel that represents the bank, and negotiate a deal that prevents the two parties from having to spend the big bucks by taking the case to trial.

Many homeowners facing foreclosure don’t even take the time to call us for a free consultation because they think that filing a lawsuit to stop foreclosure will simply be too expensive and time consuming. The truth is, that our foreclosure defense attorney’s goal is to leave you in a much better position than when you first decide to sue the lender. Our free consultations will answer all your questions regarding cost, timeline, and what you can reasonably expect in the end.

There are 2 common legal options that can prevent a foreclosure. These options include either filing a lawsuit [foreclosure litigation], or filing a bankruptcy. The best legal strategy to stop a foreclosure depends on your personal situation and is best carried out by a successful foreclosure attorney with a strong track record of stopping foreclosure and saving homes.

A homeowner can sue their lender if they illegally issue a notice of trustee sale or initiate a foreclosure sale in violation of the California foreclosure laws. In many cases, lenders do not comply with the California laws that protect a homeowner from an illegal foreclosure. An experienced foreclosure lawyer can immediately determine if the lender has violated the law and if it is possible to file a lawsuit to stop foreclosure proceedings.

Bankruptcy is also a very effective legal strategy for stopping a foreclosure proceeding immediately. An experienced foreclosure attorney can file the case to stop a sale the same day. In many instances, bankruptcy allows individuals to restructure debts, get debt relief, stop foreclosure sales, and keep the home.

A loan modification is a negotiated agreement to change the monthly payment you make, the length of the loan, and the interest rates the loan charges. This type of negotiation does not require a foreclosure lawyer. When it is impossible to continue making payments on a property, a short sale is another way to avoid foreclosure. The lender must agree to sell the property for the current value. This usually results in avoiding a claim from the lender later, and may result in making money from the sale depending on whether there is equity in the property.

A deed in lieu of foreclosure can also prevent a foreclosure and possibly keep a foreclosure from affecting long term credit rating and a borrower’s ability to buy another home.

Foreclosure is a complicated and emotionally draining process. If you are having received a notice of foreclosure, notice of default, or notice of trustee sale, you should pick up the phone and talk to a foreclosure lawyer at Consumer Action Law Group. Their lawyers are trained and dedicated to preventing foreclosure, with a documented record of success in all methods of stopping foreclosure and saving homes. Call our foreclosure attorney today. We offer free legal advice on the first call, and we can stop your sale right away and save your home.

File a Lawsuit to Stop the Foreclosure

If your lender is using a no judicial process to foreclose—where the foreclosure is completed outside of the court system—then you might be able to delay or stop the foreclosure by filing a lawsuit against the lender to challenge the foreclosure. This tactic normally won’t work if the foreclosure is judicial because by the time of a foreclosure sale, you’ve already had your opportunity to be heard in court.

To prevail in your lawsuit against your lender, you will need to prove to the satisfaction of the court that the foreclosure should not take place because, for example, the foreclosing lender:

• cannot prove it owns the promissory note • did not act in compliance with state mediation requirements • violated the state’s Homeowner Bill of Rights • did not follow all of the required steps in the foreclosure process (as determined by state law), or • Made some other grievous error.

The downside to suing your lender is that if you’re unable to prove your case, this will only delay the foreclosure process. Lawsuits can be expensive and, if you have no reasonable basis for your claims, you could get stuck paying the lender’s court costs and attorneys’ fees. Call Ascent Law LLC today to learn more about Fighting Your Foreclosure in Court.

Talk to an Attorney

If you’re facing an imminent foreclosure sale and considering any of the options discussed in this article, it is strongly recommended that you consult with a local foreclosure attorney or bankruptcy attorney immediately. To get information about different loss mitigation options, you should also consider talking to a HUD-approved housing counselor.

Foreclosure Litigation

Unless you and your lender agree on how to cure the default on your mortgage, you are unlikely to stop the foreclosure process without taking court action. A lawsuit must be filed with the Superior Court in the county where your property is located alleging the basis for stopping the foreclosure — for example, violations of foreclosure or lending laws. Your lawsuit must also request that the court issue temporary restraining orders and a preliminary injunction to stop the foreclosure process while your lawsuit is pending. The temporary restraining orders are typically sought within days of filing the lawsuit and are generally granted by the court; however, by law the temporary restraining orders cannot last longer than 22 days. Therefore, the court will also set a hearing date within the 22 days regarding whether a preliminary injunction should be issued stopping the foreclosure for the duration of the lawsuit.

How much will it Cost?

Most homeowners that pick up the phone and call us for a free consultation want to know how much it will cost to file a lawsuit against their mortgage company to stop foreclosure. The truth is that we typically cannot answer this question until we ask a few of our own. • We need to know when the sale is scheduled to be sold. • How many payments have been missed on the mortgage? • What type of income the homeowner currently has? • Has the homeowner ever filed for Bankruptcy? Depending on the circumstances, there may be a few other questions that we need answered as well before determining how much it would cost to enter into mortgage litigation. How Long Will It Take? Once you file a lawsuit against your mortgage company with Consumer Action Law Group, it typically takes 6 to 9 months to resolve the case. These numbers are merely an average, as we’ve had many progress quicker, and a few take a little longer than the allotted time above. What Can You Expect? You can expect the same results as our previous clients that have sued their mortgage company to stop their home from being sold at foreclosure auction. Our foreclosure defense lawyers have an excellent winning record in mortgage litigation cases, and are ready to fight for you. Call us today to speak with our team about how you can get started today.

Can I Really Stop Foreclosure?

Absolutely! Many recent cases have been filed improperly and an experienced attorney can assist with the identification and filing of substantive and procedural defenses with the court and vigorously defend your case.

Due to the lender’s actions, omissions or other facts surrounding your case, you may be able to stop making mortgage payments and stay In your home while your attorney vigorously defends your property. This does not necessarily mean that you will not have to pay the loan back or completely Stop Foreclosure.

It is possible to completely Stop Foreclosure if the bank or lender is in violation of the Florida Unfair Lending Act or other predatory lending practices. If the lender has committed such a violation, the entire principal and interest balance may be waived and the mortgage may be voided. This may not be relevant in your case. But, at the very least, a successful defense can do is buying you precious time to:

Stay in your home * Negotiate a work-out with the bank * Sell your home for a fair price * Refinance your home at a fair rate * Continue to collect rent on the property * Apply for a Court Ordered repayment plan * File a Chapter 13 or 7 Bankruptcy

Foreclosure Attorney Free Consultation

When you need legal help with a foreclosure in Utah, please call Ascent Law LLC for your free consultation [phone]. We want to help you with your foreclosure.

Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: [phone]

Ascent Law LLC

4.9 stars – based on 67 reviews

Recent Posts

Is A Loan Modification A Good Idea?

Family Lawyer Layton Utah

What Needs To Be Done If I Have Full Custody For The Father To Sign Over Rights?

Bankruptcy Lawyer Morgan Utah

Can A DUI Charge Be Dropped?

Can The Executor Of A Will Take Everything?

from Michael Anderson https://www.ascentlawfirm.com/how-do-you-stop-a-foreclosure-from-lawsuit/

[coming-from-hell]

How Do You Stop A Foreclosure From Lawsuit

Foreclosure is a legal process in which a lender attempts to recover the balance of a loan from a borrower who has stopped making payments to the lender by forcing the sale of the asset used as the collateral for the loan.

Formally, a mortgage lender (mortgagee), or other lien holder, obtains a termination of a mortgage borrower (mortgagor)’s equitable right of redemption, either by court order or by operation of law (after following a specific statutory procedure).

Usually a lender obtains a security interest from a borrower who mortgages or pledges an asset like a house to secure the loan. If the borrower defaults and the lender tries to repossess the property, courts of equity can grant the borrower the equitable right of redemption if the borrower repays the debt. While this equitable right exists, it is a cloud on title and the lender cannot be sure that they can repossess the property. Therefore, through the process of foreclosure, the lender seeks to immediately terminate the equitable right of redemption and take both legal and equitable title to the property in fee simple. Other lien holders can also foreclose the owner’s right of redemption for other debts, such as for overdue taxes, unpaid contractors’ bills or overdue homeowner association dues or assessments.

How Foreclosure Works

When you buy expensive property, such as a home, you might not have enough money to pay the entire purchase price up front. However, you can pay a portion of the price with a down payment, and borrow the rest of the money (to be repaid in future years).

Homes can cost hundreds of thousands of dollars, and most people don’t earn anywhere near that much annually. Why are lenders willing to offer such large loans? As part of the loan agreement, you agree that the property you’re buying will serve as collateral for the loan: if you stop making payments, the lender can take possession of the property in order to recover the funds they lent you.

To secure this right, the lender has a lien on your property, and to improve their chances of getting enough money, they (usually) only lend if you’ve got a good loan to value ratio.

File a Lawsuit to Stop Your Foreclosure

Despite the banks best efforts, you’ve fought off foreclosure for longer than you expected to be able to. Perhaps you’ve used a third party to postpone the foreclosure process, or even filed for Bankruptcy to stop the sale – but this time it looks like they’re really going to go through with selling the home. Many people think that they are at the end of the road, with no legal option to stop their foreclosure, but filing a lawsuit to save your home may be the best option you have.

Filing a lawsuit against your lender to stop foreclosure is effective, and can ease all of the stresses that most homeowners deal with while stuck in the process. The official legal term is “mortgage litigation,” and most cases against lenders never make it to trial. Instead, our foreclosure attorneys go up against legal counsel that represents the bank, and negotiate a deal that prevents the two parties from having to spend the big bucks by taking the case to trial.

Many homeowners facing foreclosure don’t even take the time to call us for a free consultation because they think that filing a lawsuit to stop foreclosure will simply be too expensive and time consuming. The truth is, that our foreclosure defense attorney’s goal is to leave you in a much better position than when you first decide to sue the lender. Our free consultations will answer all your questions regarding cost, timeline, and what you can reasonably expect in the end.

There are 2 common legal options that can prevent a foreclosure. These options include either filing a lawsuit [foreclosure litigation], or filing a bankruptcy. The best legal strategy to stop a foreclosure depends on your personal situation and is best carried out by a successful foreclosure attorney with a strong track record of stopping foreclosure and saving homes.

A homeowner can sue their lender if they illegally issue a notice of trustee sale or initiate a foreclosure sale in violation of the California foreclosure laws. In many cases, lenders do not comply with the California laws that protect a homeowner from an illegal foreclosure. An experienced foreclosure lawyer can immediately determine if the lender has violated the law and if it is possible to file a lawsuit to stop foreclosure proceedings.

Bankruptcy is also a very effective legal strategy for stopping a foreclosure proceeding immediately. An experienced foreclosure attorney can file the case to stop a sale the same day. In many instances, bankruptcy allows individuals to restructure debts, get debt relief, stop foreclosure sales, and keep the home.

A loan modification is a negotiated agreement to change the monthly payment you make, the length of the loan, and the interest rates the loan charges. This type of negotiation does not require a foreclosure lawyer. When it is impossible to continue making payments on a property, a short sale is another way to avoid foreclosure. The lender must agree to sell the property for the current value. This usually results in avoiding a claim from the lender later, and may result in making money from the sale depending on whether there is equity in the property.

A deed in lieu of foreclosure can also prevent a foreclosure and possibly keep a foreclosure from affecting long term credit rating and a borrower’s ability to buy another home.

Foreclosure is a complicated and emotionally draining process. If you are having received a notice of foreclosure, notice of default, or notice of trustee sale, you should pick up the phone and talk to a foreclosure lawyer at Consumer Action Law Group. Their lawyers are trained and dedicated to preventing foreclosure, with a documented record of success in all methods of stopping foreclosure and saving homes. Call our foreclosure attorney today. We offer free legal advice on the first call, and we can stop your sale right away and save your home.

File a Lawsuit to Stop the Foreclosure

If your lender is using a no judicial process to foreclose—where the foreclosure is completed outside of the court system—then you might be able to delay or stop the foreclosure by filing a lawsuit against the lender to challenge the foreclosure. This tactic normally won’t work if the foreclosure is judicial because by the time of a foreclosure sale, you’ve already had your opportunity to be heard in court.

To prevail in your lawsuit against your lender, you will need to prove to the satisfaction of the court that the foreclosure should not take place because, for example, the foreclosing lender:

• cannot prove it owns the promissory note • did not act in compliance with state mediation requirements • violated the state’s Homeowner Bill of Rights • did not follow all of the required steps in the foreclosure process (as determined by state law), or • Made some other grievous error.

The downside to suing your lender is that if you’re unable to prove your case, this will only delay the foreclosure process. Lawsuits can be expensive and, if you have no reasonable basis for your claims, you could get stuck paying the lender’s court costs and attorneys’ fees. Call Ascent Law LLC today to learn more about Fighting Your Foreclosure in Court.

Talk to an Attorney

If you’re facing an imminent foreclosure sale and considering any of the options discussed in this article, it is strongly recommended that you consult with a local foreclosure attorney or bankruptcy attorney immediately. To get information about different loss mitigation options, you should also consider talking to a HUD-approved housing counselor.

Foreclosure Litigation

Unless you and your lender agree on how to cure the default on your mortgage, you are unlikely to stop the foreclosure process without taking court action. A lawsuit must be filed with the Superior Court in the county where your property is located alleging the basis for stopping the foreclosure — for example, violations of foreclosure or lending laws. Your lawsuit must also request that the court issue temporary restraining orders and a preliminary injunction to stop the foreclosure process while your lawsuit is pending. The temporary restraining orders are typically sought within days of filing the lawsuit and are generally granted by the court; however, by law the temporary restraining orders cannot last longer than 22 days. Therefore, the court will also set a hearing date within the 22 days regarding whether a preliminary injunction should be issued stopping the foreclosure for the duration of the lawsuit.

How much will it Cost?

Most homeowners that pick up the phone and call us for a free consultation want to know how much it will cost to file a lawsuit against their mortgage company to stop foreclosure. The truth is that we typically cannot answer this question until we ask a few of our own. • We need to know when the sale is scheduled to be sold. • How many payments have been missed on the mortgage? • What type of income the homeowner currently has? • Has the homeowner ever filed for Bankruptcy? Depending on the circumstances, there may be a few other questions that we need answered as well before determining how much it would cost to enter into mortgage litigation. How Long Will It Take? Once you file a lawsuit against your mortgage company with Consumer Action Law Group, it typically takes 6 to 9 months to resolve the case. These numbers are merely an average, as we’ve had many progress quicker, and a few take a little longer than the allotted time above. What Can You Expect? You can expect the same results as our previous clients that have sued their mortgage company to stop their home from being sold at foreclosure auction. Our foreclosure defense lawyers have an excellent winning record in mortgage litigation cases, and are ready to fight for you. Call us today to speak with our team about how you can get started today.

Can I Really Stop Foreclosure?

Absolutely! Many recent cases have been filed improperly and an experienced attorney can assist with the identification and filing of substantive and procedural defenses with the court and vigorously defend your case.

Due to the lender’s actions, omissions or other facts surrounding your case, you may be able to stop making mortgage payments and stay In your home while your attorney vigorously defends your property. This does not necessarily mean that you will not have to pay the loan back or completely Stop Foreclosure.

It is possible to completely Stop Foreclosure if the bank or lender is in violation of the Florida Unfair Lending Act or other predatory lending practices. If the lender has committed such a violation, the entire principal and interest balance may be waived and the mortgage may be voided. This may not be relevant in your case. But, at the very least, a successful defense can do is buying you precious time to:

Stay in your home * Negotiate a work-out with the bank * Sell your home for a fair price * Refinance your home at a fair rate * Continue to collect rent on the property * Apply for a Court Ordered repayment plan * File a Chapter 13 or 7 Bankruptcy

Foreclosure Attorney Free Consultation

When you need legal help with a foreclosure in Utah, please call Ascent Law LLC for your free consultation [phone]. We want to help you with your foreclosure.

Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: [phone]

Ascent Law LLC

4.9 stars – based on 67 reviews

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Source: https://www.ascentlawfirm.com/how-do-you-stop-a-foreclosure-from-lawsuit/

[mayarosa47]

Can a Spouse Refuse to Sign a Divorce Paper?

The short answer is yes. Of course, no one can be forced to sign a document in the United States. However, they can’t stop you from getting divorced. Utah law allows for you to get divorced if you have irreconcilable differences – meaning, you don’t get along anymore and you want out. When a spouse refuses to sign a divorce paper, the spouse seeking a divorce will need to obtain what is called contested divorce. A contested divorce can be expensive, time-consuming and stressful. If divorcing couples can work together and compromise in order to agree on all of their divorce-related issues, they may be good candidates for an uncontested divorce, which is a simpler, faster way to end your marriage. Each state has specific requirements; To file a contested divorce, the party who wishes to obtain the divorce must file a petition or request in the family court in their jurisdiction.

Separation Agreement

Some divorces start with an agreement about separation. That agreement usually contains the information such as who will live where, who will pay the bill and who will get the kids. This agreement is not a court grant .you can draw it up by yourself or with the divorce attorney counsel but if your spouse would not sign that agreement then there is little you can do. It is like a business contract that is signed by only one party, it is really meaningless until it signed by the both parties.

Reasons why a spouse refuse to sign divorce papers

When marriages fall apart, both parties often want the divorce process to progress as quickly as possible. However, cases occur when one spouse refuses to sign divorce papers for various reasons ranging from a desire to seek greater financial support to a genuine desire to remain married. However, in the United States, one spouse cannot prevent another spouse from obtaining a divorce. Consult with an attorney who specializes in family law and divorce with specific questions about ending a marriage. Many states impose waiting periods on couples before granting a no-fault divorce. Waiting periods vary from six months to as long as a year or two years. Waiting periods are designed to allow couples to make efforts to reconcile their marriages or to be certain that reconciliation is impossible. Individuals may still pursue no-fault divorce in situations where one spouse refuses to sign divorce papers; however the required waiting period may be longer than if both spouses agree to dissolve the marriage. Spouses often refuse to sign divorce papers because they are uncomfortable with the language used and accusations made as part of a fault divorce. One way to prevent this problem is to agree to file the divorce under no fault grounds, after which you may find it easier to persuade your spouse to sign the papers.

Covenant Marriages

Covenant marriages are designed to reduce the number of broken marriages by requiring counseling and imposing restrictions on obtaining a divorce. Couples must agree before tying the knot that they intend to enter into a covenant marriage and undergo counseling before obtaining a divorce. Although several states have pursued possible legislation concerning covenant marriage, as of 2011, only Arizona, Louisiana and Arkansas have laws on the books. If you are involved in a covenant marriage, you may find it difficult to obtain a no-fault divorce without enduring a lengthy waiting period, whether your spouse is cooperative or not. In Michigan, you may be relieved to know, the short answer is “no.” If one spouse wants a divorce, the other spouse cannot prevent it. If your spouse refuses to participate in the process, your divorce can be finalized within a matter of months.

Signatures Required for a Divorce

There are several points in the divorce process when legal documents have to be signed. But there is also a defined process for what happens if one spouse refuses to participate in the process. Here is how that works: To start the divorce process, you (or rather, your attorney) will file a divorce complaint with the local district court. The divorce petition spells out your preferred terms for the divorce: division of property, child custody, etc. You may be in a hurry to get divorced, but you should take the time to get these terms right. Your future financial security and the well-being of your children are at stake. The divorce petition, along with a summons, is then hand delivered to your spouse. Ideally, your spouse signs the summons form to indicate their receipt of the divorce papers, but proof of service can be provided to the court even without such signature. If your spouse wants to contest any of the terms of the divorce in the divorce complaint, they have 21 to 30 days to deliver their response to the court.

If your spouse does not respond to the divorce complaint by the deadline, you can ask the court commissioner or judge for a default decree of divorce. However, your divorce cannot be finalized until the mandatory waiting period has passed. Currently there is a required 30-day waiting period between the time the divorce complaint is filed and when the court will issue a final judgment of divorce (sometimes called the divorce decree or divorce settlement). When children are involved, sometimes the process is further delayed. At the end of the waiting period, the court will issue the requested default judgment, and your divorce will be final. The judge’s signature is sufficient. Your spouse does not need to sign it. The terms of the divorce will be those laid out in the original divorce complaint, as long as those terms comply with Michigan law. For example, parenting arrangements must be in the children’s best interests, and the division of marital property must be equitable.

Contested Divorce

When a spouse refuses to sign divorce papers, the divorce is no longer placed on hold, but instead considered contested. Once the divorce becomes contested, a hearing must take place in order to establish the reasons for contesting the divorce and for the court to resolve those reasons. If both spouses show for the hearing, the court will determine the legal terms of the divorce through testimony and evidence. The court will also decide on all settlements and divisions of property. In the interim, there are some things that you can do to try and resolve the issues and avoid allowing the court to make the decisions for you

Divorce by Default Proceeding

If the spouse refuses to show for the scheduled divorce hearing and all attempts at negotiating have failed, the original filing spouse has the right to request a default divorce. In this instance, the court will uphold the divorce request and all of the original terms. This means that all divisions of property, child support amounts and custodial arrangements listed in the divorce papers will be the court’s final decision. The reason the courts make this decision is because the court considers the opposing spouse’s absence to be an agreement to the terms of the divorce. The court will make the default finding as long as the other spouse was truly served with the petition. In worst case scenarios, a woman might find herself dealing with a husband who refuses to cooperate, and who stymies efforts to begin the legal separation. Is It A Matter of Reluctance on the Part of the Husband or Belligerence? People change. Relationships change. But sometimes, one party in the relationship doesn’t realize a change has occurred. While a woman who finds herself in this type of scenario shouldn’t hesitate to consult a family law attorney to discuss her options, the solution might first lie in helping the husband to understand that things have changed. It’s important to remember that a woman who’s been contemplating separation for a while has had the benefit of experiencing and understanding the change in her feelings for a long time. It might not be wise to come out guns blazing with a divorce petition. Family counseling might be in order. A licensed mental health professional will ideally help spouses in this situation untangle their emotions so that they can proceed with the next steps. Simply put, the answer might be more time.

What if Husband refuses all Cooperation in the Divorce?

If your husband insists on stonewalling, the judge will issue a divorce by default. However, filing errors made on your part could potentially draw out the process. This is why it’s so important that you speak to a lawyer if you’re dealing with a difficult ex to make sure you consider every potential pitfall.

If you told your husband you want a divorce, and he refuses to leave the house, what now?

If your husband is abusive to either you or your children, or struggles with it might be possible obtain a restraining order. This should be done with the help of an attorney.

However, if a restraining order is not possible, and the husband either owns the house, or you both own the house, it might be necessary to decide if it might be better for you to move out while the divorce proceeds. Or, depending on the situation, you might file the divorce petition and request temporary custody of the children. If successful, this will diminish your husband’s ability to leverage the children while you pursue finalization of the divorce.

WHAT HAPPENS IF SPOUSES CANNOT AGREE ON DIVORCE AGREEMENT

If you and your spouse have been unable to reach an agreement on a divorce settlement you, with the help of your attorneys or mediators if you are using them—may decide to submit the areas under dispute before a judge at a pretrial conference. This sort of conference normally takes place in court.

How to Obtain a Divorce When Spouse Refuses to Sign Divorce Papers

No one can stop you from getting a divorce if you want one, with the possible exception of the court. If your partner or spouse refuses to settle the current divorce agreement, your divorce will be considered a contested case and will generally require more time energy than an uncontested divorce. The good news is that while your spouse may legally make your divorce more difficult, they cannot keep you married once you initiate the divorce proceedings. With patience, determination and a willingness to study the laws, practically anyone can take the steps to resolving their divorce case. • Step 1 Contact your spouse and discover their reasons for refusing to sign the divorce document. Find out if there are specific requests that you feel comfortable meeting to obtain their compliance and decide whether you are willing to meet their demands. • Step 2 Call your local courthouse and discover the procedure for filing a petition against your spouse. Determine which court you must use to make your claim–generally a family court–and fill out the petition stating that the marriage has dissolved. • Step 3 Complete the necessary legal follow-ups, such as a review of the shared assets and property owned by you and your spouse. Carefully read any documents sent to you in regards to the legal requirements of child support, visitation and custody, and contact your spouse to discuss the legal divisions. • Step 4 Prepare the evidence for the basis of divorce along with any other issues that may require legal resolution during the divorce case. Hire a lawyer to represent your case if desired and present your information in the court of law. Once you and your partner have presented your cases in turn, you will receive a determination of the divorce and a judgment for divorce issued by the court. • Step 5 Follow up the legal decision by transferring any deeds, property and assets paying any child support as required by law.

This post is to provide some basic information for those in Utah who are considering a divorce, but aren’t convinced their spouses are ready to deal with reality. In these cases both spouses need to discuss the difficulties of their life. They should sort out the matters by themselves, if they can’t then they can appeal to court for their controversy ideas and decisions to sort out as early as possible.

Divorce Lawyer Free Consultation

When you need legal help because your spouse refuses to sign a divorce paper, please call Ascent Law for your free consultation [phone]. We want to help you.

Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: [phone]

Ascent Law LLC

4.9 stars – based on 67 reviews

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from https://www.ascentlawfirm.com/can-a-spouse-refuse-to-sign-a-divorce-paper/

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Can a Spouse Refuse to Sign a Divorce Paper?

The short answer is yes. Of course, no one can be forced to sign a document in the United States. However, they can’t stop you from getting divorced. Utah law allows for you to get divorced if you have irreconcilable differences – meaning, you don’t get along anymore and you want out. When a spouse refuses to sign a divorce paper, the spouse seeking a divorce will need to obtain what is called contested divorce. A contested divorce can be expensive, time-consuming and stressful. If divorcing couples can work together and compromise in order to agree on all of their divorce-related issues, they may be good candidates for an uncontested divorce, which is a simpler, faster way to end your marriage. Each state has specific requirements; To file a contested divorce, the party who wishes to obtain the divorce must file a petition or request in the family court in their jurisdiction.

Separation Agreement

Some divorces start with an agreement about separation. That agreement usually contains the information such as who will live where, who will pay the bill and who will get the kids. This agreement is not a court grant .you can draw it up by yourself or with the divorce attorney counsel but if your spouse would not sign that agreement then there is little you can do. It is like a business contract that is signed by only one party, it is really meaningless until it signed by the both parties.

Reasons why a spouse refuse to sign divorce papers

When marriages fall apart, both parties often want the divorce process to progress as quickly as possible. However, cases occur when one spouse refuses to sign divorce papers for various reasons ranging from a desire to seek greater financial support to a genuine desire to remain married. However, in the United States, one spouse cannot prevent another spouse from obtaining a divorce. Consult with an attorney who specializes in family law and divorce with specific questions about ending a marriage. Many states impose waiting periods on couples before granting a no-fault divorce. Waiting periods vary from six months to as long as a year or two years. Waiting periods are designed to allow couples to make efforts to reconcile their marriages or to be certain that reconciliation is impossible. Individuals may still pursue no-fault divorce in situations where one spouse refuses to sign divorce papers; however the required waiting period may be longer than if both spouses agree to dissolve the marriage. Spouses often refuse to sign divorce papers because they are uncomfortable with the language used and accusations made as part of a fault divorce. One way to prevent this problem is to agree to file the divorce under no fault grounds, after which you may find it easier to persuade your spouse to sign the papers.

Covenant Marriages

Covenant marriages are designed to reduce the number of broken marriages by requiring counseling and imposing restrictions on obtaining a divorce. Couples must agree before tying the knot that they intend to enter into a covenant marriage and undergo counseling before obtaining a divorce. Although several states have pursued possible legislation concerning covenant marriage, as of 2011, only Arizona, Louisiana and Arkansas have laws on the books. If you are involved in a covenant marriage, you may find it difficult to obtain a no-fault divorce without enduring a lengthy waiting period, whether your spouse is cooperative or not. In Michigan, you may be relieved to know, the short answer is “no.” If one spouse wants a divorce, the other spouse cannot prevent it. If your spouse refuses to participate in the process, your divorce can be finalized within a matter of months.

Signatures Required for a Divorce

There are several points in the divorce process when legal documents have to be signed. But there is also a defined process for what happens if one spouse refuses to participate in the process. Here is how that works: To start the divorce process, you (or rather, your attorney) will file a divorce complaint with the local district court. The divorce petition spells out your preferred terms for the divorce: division of property, child custody, etc. You may be in a hurry to get divorced, but you should take the time to get these terms right. Your future financial security and the well-being of your children are at stake. The divorce petition, along with a summons, is then hand delivered to your spouse. Ideally, your spouse signs the summons form to indicate their receipt of the divorce papers, but proof of service can be provided to the court even without such signature. If your spouse wants to contest any of the terms of the divorce in the divorce complaint, they have 21 to 30 days to deliver their response to the court.

If your spouse does not respond to the divorce complaint by the deadline, you can ask the court commissioner or judge for a default decree of divorce. However, your divorce cannot be finalized until the mandatory waiting period has passed. Currently there is a required 30-day waiting period between the time the divorce complaint is filed and when the court will issue a final judgment of divorce (sometimes called the divorce decree or divorce settlement). When children are involved, sometimes the process is further delayed.

At the end of the waiting period, the court will issue the requested default judgment, and your divorce will be final. The judge’s signature is sufficient. Your spouse does not need to sign it. The terms of the divorce will be those laid out in the original divorce complaint, as long as those terms comply with Michigan law. For example, parenting arrangements must be in the children’s best interests, and the division of marital property must be equitable.

Contested Divorce

When a spouse refuses to sign divorce papers, the divorce is no longer placed on hold, but instead considered contested. Once the divorce becomes contested, a hearing must take place in order to establish the reasons for contesting the divorce and for the court to resolve those reasons. If both spouses show for the hearing, the court will determine the legal terms of the divorce through testimony and evidence. The court will also decide on all settlements and divisions of property. In the interim, there are some things that you can do to try and resolve the issues and avoid allowing the court to make the decisions for you

Divorce by Default Proceeding

If the spouse refuses to show for the scheduled divorce hearing and all attempts at negotiating have failed, the original filing spouse has the right to request a default divorce. In this instance, the court will uphold the divorce request and all of the original terms. This means that all divisions of property, child support amounts and custodial arrangements listed in the divorce papers will be the court’s final decision. The reason the courts make this decision is because the court considers the opposing spouse’s absence to be an agreement to the terms of the divorce. The court will make the default finding as long as the other spouse was truly served with the petition. In worst case scenarios, a woman might find herself dealing with a husband who refuses to cooperate, and who stymies efforts to begin the legal separation. Is It A Matter of Reluctance on the Part of the Husband or Belligerence? People change. Relationships change. But sometimes, one party in the relationship doesn’t realize a change has occurred. While a woman who finds herself in this type of scenario shouldn’t hesitate to consult a family law attorney to discuss her options, the solution might first lie in helping the husband to understand that things have changed. It’s important to remember that a woman who’s been contemplating separation for a while has had the benefit of experiencing and understanding the change in her feelings for a long time. It might not be wise to come out guns blazing with a divorce petition. Family counseling might be in order. A licensed mental health professional will ideally help spouses in this situation untangle their emotions so that they can proceed with the next steps. Simply put, the answer might be more time.

What if Husband refuses all Cooperation in the Divorce?

If your husband insists on stonewalling, the judge will issue a divorce by default. However, filing errors made on your part could potentially draw out the process. This is why it’s so important that you speak to a lawyer if you’re dealing with a difficult ex to make sure you consider every potential pitfall.

If you told your husband you want a divorce, and he refuses to leave the house, what now?

If your husband is abusive to either you or your children, or struggles with it might be possible obtain a restraining order. This should be done with the help of an attorney.

However, if a restraining order is not possible, and the husband either owns the house, or you both own the house, it might be necessary to decide if it might be better for you to move out while the divorce proceeds. Or, depending on the situation, you might file the divorce petition and request temporary custody of the children. If successful, this will diminish your husband’s ability to leverage the children while you pursue finalization of the divorce.

WHAT HAPPENS IF SPOUSES CANNOT AGREE ON DIVORCE AGREEMENT

If you and your spouse have been unable to reach an agreement on a divorce settlement you, with the help of your attorneys or mediators if you are using them—may decide to submit the areas under dispute before a judge at a pretrial conference. This sort of conference normally takes place in court.

How to Obtain a Divorce When Spouse Refuses to Sign Divorce Papers

No one can stop you from getting a divorce if you want one, with the possible exception of the court. If your partner or spouse refuses to settle the current divorce agreement, your divorce will be considered a contested case and will generally require more time energy than an uncontested divorce. The good news is that while your spouse may legally make your divorce more difficult, they cannot keep you married once you initiate the divorce proceedings. With patience, determination and a willingness to study the laws, practically anyone can take the steps to resolving their divorce case. • Step 1 Contact your spouse and discover their reasons for refusing to sign the divorce document. Find out if there are specific requests that you feel comfortable meeting to obtain their compliance and decide whether you are willing to meet their demands. • Step 2 Call your local courthouse and discover the procedure for filing a petition against your spouse. Determine which court you must use to make your claim–generally a family court–and fill out the petition stating that the marriage has dissolved. • Step 3 Complete the necessary legal follow-ups, such as a review of the shared assets and property owned by you and your spouse. Carefully read any documents sent to you in regards to the legal requirements of child support, visitation and custody, and contact your spouse to discuss the legal divisions. • Step 4 Prepare the evidence for the basis of divorce along with any other issues that may require legal resolution during the divorce case. Hire a lawyer to represent your case if desired and present your information in the court of law. Once you and your partner have presented your cases in turn, you will receive a determination of the divorce and a judgment for divorce issued by the court. • Step 5 Follow up the legal decision by transferring any deeds, property and assets paying any child support as required by law.

This post is to provide some basic information for those in Utah who are considering a divorce, but aren’t convinced their spouses are ready to deal with reality. In these cases both spouses need to discuss the difficulties of their life. They should sort out the matters by themselves, if they can’t then they can appeal to court for their controversy ideas and decisions to sort out as early as possible.

Divorce Lawyer Free Consultation

When you need legal help because your spouse refuses to sign a divorce paper, please call Ascent Law for your free consultation [phone]. We want to help you.

Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: [phone]

Ascent Law LLC

4.9 stars – based on 67 reviews

Recent Posts

How is Alimony Calculated in Salt Lake?

Which Bankruptcy is Reorganization?

Civil Attorney

What is a Class Action?

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Source: https://www.ascentlawfirm.com/can-a-spouse-refuse-to-sign-a-divorce-paper/

[michaeljames1221]

Can a Spouse Refuse to Sign a Divorce Paper?

The short answer is yes. Of course, no one can be forced to sign a document in the United States. However, they can’t stop you from getting divorced. Utah law allows for you to get divorced if you have irreconcilable differences – meaning, you don’t get along anymore and you want out. When a spouse refuses to sign a divorce paper, the spouse seeking a divorce will need to obtain what is called contested divorce. A contested divorce can be expensive, time-consuming and stressful. If divorcing couples can work together and compromise in order to agree on all of their divorce-related issues, they may be good candidates for an uncontested divorce, which is a simpler, faster way to end your marriage. Each state has specific requirements; To file a contested divorce, the party who wishes to obtain the divorce must file a petition or request in the family court in their jurisdiction.

Separation Agreement

Some divorces start with an agreement about separation. That agreement usually contains the information such as who will live where, who will pay the bill and who will get the kids. This agreement is not a court grant .you can draw it up by yourself or with the divorce attorney counsel but if your spouse would not sign that agreement then there is little you can do. It is like a business contract that is signed by only one party, it is really meaningless until it signed by the both parties.

Reasons why a spouse refuse to sign divorce papers

When marriages fall apart, both parties often want the divorce process to progress as quickly as possible. However, cases occur when one spouse refuses to sign divorce papers for various reasons ranging from a desire to seek greater financial support to a genuine desire to remain married. However, in the United States, one spouse cannot prevent another spouse from obtaining a divorce. Consult with an attorney who specializes in family law and divorce with specific questions about ending a marriage. Many states impose waiting periods on couples before granting a no-fault divorce. Waiting periods vary from six months to as long as a year or two years. Waiting periods are designed to allow couples to make efforts to reconcile their marriages or to be certain that reconciliation is impossible. Individuals may still pursue no-fault divorce in situations where one spouse refuses to sign divorce papers; however the required waiting period may be longer than if both spouses agree to dissolve the marriage. Spouses often refuse to sign divorce papers because they are uncomfortable with the language used and accusations made as part of a fault divorce. One way to prevent this problem is to agree to file the divorce under no fault grounds, after which you may find it easier to persuade your spouse to sign the papers.

Covenant Marriages

Covenant marriages are designed to reduce the number of broken marriages by requiring counseling and imposing restrictions on obtaining a divorce. Couples must agree before tying the knot that they intend to enter into a covenant marriage and undergo counseling before obtaining a divorce. Although several states have pursued possible legislation concerning covenant marriage, as of 2011, only Arizona, Louisiana and Arkansas have laws on the books. If you are involved in a covenant marriage, you may find it difficult to obtain a no-fault divorce without enduring a lengthy waiting period, whether your spouse is cooperative or not. In Michigan, you may be relieved to know, the short answer is “no.” If one spouse wants a divorce, the other spouse cannot prevent it. If your spouse refuses to participate in the process, your divorce can be finalized within a matter of months.

Signatures Required for a Divorce

There are several points in the divorce process when legal documents have to be signed. But there is also a defined process for what happens if one spouse refuses to participate in the process. Here is how that works: To start the divorce process, you (or rather, your attorney) will file a divorce complaint with the local district court. The divorce petition spells out your preferred terms for the divorce: division of property, child custody, etc. You may be in a hurry to get divorced, but you should take the time to get these terms right. Your future financial security and the well-being of your children are at stake. The divorce petition, along with a summons, is then hand delivered to your spouse. Ideally, your spouse signs the summons form to indicate their receipt of the divorce papers, but proof of service can be provided to the court even without such signature. If your spouse wants to contest any of the terms of the divorce in the divorce complaint, they have 21 to 30 days to deliver their response to the court.

If your spouse does not respond to the divorce complaint by the deadline, you can ask the court commissioner or judge for a default decree of divorce. However, your divorce cannot be finalized until the mandatory waiting period has passed. Currently there is a required 30-day waiting period between the time the divorce complaint is filed and when the court will issue a final judgment of divorce (sometimes called the divorce decree or divorce settlement). When children are involved, sometimes the process is further delayed.

At the end of the waiting period, the court will issue the requested default judgment, and your divorce will be final. The judge’s signature is sufficient. Your spouse does not need to sign it. The terms of the divorce will be those laid out in the original divorce complaint, as long as those terms comply with Michigan law. For example, parenting arrangements must be in the children’s best interests, and the division of marital property must be equitable.

Contested Divorce

When a spouse refuses to sign divorce papers, the divorce is no longer placed on hold, but instead considered contested. Once the divorce becomes contested, a hearing must take place in order to establish the reasons for contesting the divorce and for the court to resolve those reasons. If both spouses show for the hearing, the court will determine the legal terms of the divorce through testimony and evidence. The court will also decide on all settlements and divisions of property. In the interim, there are some things that you can do to try and resolve the issues and avoid allowing the court to make the decisions for you

Divorce by Default Proceeding

If the spouse refuses to show for the scheduled divorce hearing and all attempts at negotiating have failed, the original filing spouse has the right to request a default divorce. In this instance, the court will uphold the divorce request and all of the original terms. This means that all divisions of property, child support amounts and custodial arrangements listed in the divorce papers will be the court’s final decision. The reason the courts make this decision is because the court considers the opposing spouse’s absence to be an agreement to the terms of the divorce. The court will make the default finding as long as the other spouse was truly served with the petition. In worst case scenarios, a woman might find herself dealing with a husband who refuses to cooperate, and who stymies efforts to begin the legal separation. Is It A Matter of Reluctance on the Part of the Husband or Belligerence? People change. Relationships change. But sometimes, one party in the relationship doesn’t realize a change has occurred. While a woman who finds herself in this type of scenario shouldn’t hesitate to consult a family law attorney to discuss her options, the solution might first lie in helping the husband to understand that things have changed. It’s important to remember that a woman who’s been contemplating separation for a while has had the benefit of experiencing and understanding the change in her feelings for a long time. It might not be wise to come out guns blazing with a divorce petition. Family counseling might be in order. A licensed mental health professional will ideally help spouses in this situation untangle their emotions so that they can proceed with the next steps. Simply put, the answer might be more time.

What if Husband refuses all Cooperation in the Divorce?

If your husband insists on stonewalling, the judge will issue a divorce by default. However, filing errors made on your part could potentially draw out the process. This is why it’s so important that you speak to a lawyer if you’re dealing with a difficult ex to make sure you consider every potential pitfall.

If you told your husband you want a divorce, and he refuses to leave the house, what now?

If your husband is abusive to either you or your children, or struggles with it might be possible obtain a restraining order. This should be done with the help of an attorney.

However, if a restraining order is not possible, and the husband either owns the house, or you both own the house, it might be necessary to decide if it might be better for you to move out while the divorce proceeds. Or, depending on the situation, you might file the divorce petition and request temporary custody of the children. If successful, this will diminish your husband’s ability to leverage the children while you pursue finalization of the divorce.

WHAT HAPPENS IF SPOUSES CANNOT AGREE ON DIVORCE AGREEMENT

If you and your spouse have been unable to reach an agreement on a divorce settlement you, with the help of your attorneys or mediators if you are using them—may decide to submit the areas under dispute before a judge at a pretrial conference. This sort of conference normally takes place in court.

How to Obtain a Divorce When Spouse Refuses to Sign Divorce Papers

No one can stop you from getting a divorce if you want one, with the possible exception of the court. If your partner or spouse refuses to settle the current divorce agreement, your divorce will be considered a contested case and will generally require more time energy than an uncontested divorce. The good news is that while your spouse may legally make your divorce more difficult, they cannot keep you married once you initiate the divorce proceedings. With patience, determination and a willingness to study the laws, practically anyone can take the steps to resolving their divorce case. • Step 1 Contact your spouse and discover their reasons for refusing to sign the divorce document. Find out if there are specific requests that you feel comfortable meeting to obtain their compliance and decide whether you are willing to meet their demands. • Step 2 Call your local courthouse and discover the procedure for filing a petition against your spouse. Determine which court you must use to make your claim–generally a family court–and fill out the petition stating that the marriage has dissolved. • Step 3 Complete the necessary legal follow-ups, such as a review of the shared assets and property owned by you and your spouse. Carefully read any documents sent to you in regards to the legal requirements of child support, visitation and custody, and contact your spouse to discuss the legal divisions. • Step 4 Prepare the evidence for the basis of divorce along with any other issues that may require legal resolution during the divorce case. Hire a lawyer to represent your case if desired and present your information in the court of law. Once you and your partner have presented your cases in turn, you will receive a determination of the divorce and a judgment for divorce issued by the court. • Step 5 Follow up the legal decision by transferring any deeds, property and assets paying any child support as required by law.

This post is to provide some basic information for those in Utah who are considering a divorce, but aren’t convinced their spouses are ready to deal with reality. In these cases both spouses need to discuss the difficulties of their life. They should sort out the matters by themselves, if they can’t then they can appeal to court for their controversy ideas and decisions to sort out as early as possible.

Divorce Lawyer Free Consultation

When you need legal help because your spouse refuses to sign a divorce paper, please call Ascent Law for your free consultation [phone]. We want to help you.

Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: [phone]

Ascent Law LLC

4.9 stars – based on 67 reviews

Recent Posts

How is Alimony Calculated in Salt Lake?

Which Bankruptcy is Reorganization?

Civil Attorney

What is a Class Action?

Waht Property Can Go Into a Living Trust?

Difference Between a Felony and a Misdemeanor in Utah

from Michael Anderson https://www.ascentlawfirm.com/can-a-spouse-refuse-to-sign-a-divorce-paper/

from Criminal Defense Lawyer West Jordan Utah https://criminaldefenselawyerwestjordanutah.wordpress.com/2019/06/30/can-a-spouse-refuse-to-sign-a-divorce-paper/