How Can I Defend Against a Home Foreclosure in Illinois?

 Posted on July 20, 2020 in Foreclosure

Falling behind on your mortgage payments is stressful for anyone. The thought of foreclosure looming is not a situation that any homeowner chooses to be in. The foreclosure process is handled through the court system, which means you can fight it. There are legal defenses that can be presented to help you keep your home. However, it is a complicated process. That is why you need an Illinois foreclosure defense attorney to represent you. Depending on your circumstances, one or more defenses may be available to you. Below are some common arguments that may be applicable to your foreclosure case.

Statute of Limitations Has Passed

Has it been a long time since you stopped making payments to when the mortgage lender started the foreclosure? There is a chance the statute of limitations has passed. Your attorney will be able to tell you whether the deadline has passed or not by looking further into the details of your case.

The Foreclosure Party Cannot Prove Legal Standing

The only party who can bring a foreclosure case is the loan owner. If he or she cannot prove the loan, then there is no legal standing. It is a common procedure for banks to sell loans over and over during the life of your mortgage. Determining the rightful loan owner can be challenging for the bank.

The Foreclosing Bank Failed to Follow Procedures

Every state has specific procedures that a bank must follow in a foreclosure action. Failure to do so could result in your ability to challenge the foreclosure. Not all procedural errors will be enough for the court to rule on your side. If the error is inconsequential or does not cause you harm in any way, this may not be the right defense to use.

If the error is severe, then it is definitely worth pursuing. If you are successful, the bank will need to start the foreclosure process all over again. An experienced attorney will look for possible violations of both state and federal procedural laws that can help your case.

You Are on Active Duty

Are you an active military member? Under the Servicemembers Civil Relief Act (SCRA), you have special protections. There is a particular set of protections allotted to those who purchased a home before going on active duty, and another set if you bought your home after your deployment.

The Lender Made Serious Errors

It is not uncommon for banks to make mistakes at some point in the loan process. Perhaps you were not late on your payments at all, but they mistakenly credited them to another account. Did they impose excessive fees or other costs that are not authorized under your contract? These are two of the major mistakes that could help your case.

If you are pursuing foreclosure avoidance options like a loan modification or a short sale pending, the mortgage company will violate federal law. You should also verify that the amount they claim you owe is accurate. Sadly, some mortgage companies grossly exaggerate the amount you are behind. Sometimes it is an error, while other times, it is an intentional abuse of power. This and other predatory lending tactics will put the mortgage company under scrutiny in court.

Contact a Gurnee Foreclosure Defense Lawyer 

The above issues are not the only defenses available in a foreclosure case. There could be several others, depending on your situation. That is why hiring an experienced Lake County foreclosure defense attorney right away is so important. At Newland & Newland LLP, we specialize in helping Illinois clients with their foreclosure cases. Contact our office today at 847-549-0000 to schedule a free consultation to learn more about how we can help you keep your home.

Source:
https://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2017&ChapterID=56&SeqStart=107100000&SeqEnd=115800000