When you find yourself in foreclosure, you may feel hopeless, helpless and alone, with no place to turn. You may think that you can't possibly afford a lawyer.
Remember, you are not hopeless, you are not helpless, and you are not alone. You have the law firm of Gantz Associates, and we can help!
At Gantz Associates, we have developed a highly successful approach to save our clients' homes, in which we take the time to meet with each client and gather their personal financial information. We then assess their individual financial situation as a whole, in order to formulate a specific foreclosure prevention plan that is tailored to fit the particular needs of each client. For some clients, the foreclosure prevention plan will consist merely of legal advocacy throughout the modification process. For other clients, the foreclosure prevention plan may begin with advocacy in the modification process, but may also include legal challenges to the bank's authority to foreclose. For some clients, the appropriate foreclosure prevention plan may include the initiation of Chapter 7 or 13 bankruptcy proceedings.
Gantz Associates does not merely defend homeowners by delaying an inevitable foreclosure. In fact, it would be a violation of the Michigan Court Rules to initiate frivolous litigation solely to delay the inevitable. However, foreclosures are often substantially delayed by the hiring of an attorney to ensure that your lender's actions are appropriate. Each case is different, but if we force the bank to prove its case against you, we may uncover some valid defenses, including:
Standing. The bank that is attempting to foreclose may not be the bank with whom you signed your original note/mortgage. If the bank that has filed the foreclosure lawsuit against you cannot prove that your mortgage was validly and timely sold/transferred/assigned to it, and/or that it rightfully owns and holds the original note and mortgage, then its lawsuit may be dismissed! In other words, even if you are behind on your mortgage, the bank still has to prove that it (as opposed to a different bank) has the right to proceed with the foreclosure lawsuit.
Failure to fulfill conditions precedent. Mortgages often require lenders to give written notice of a default and a 30 day opportunity to cure before initiating foreclosure proceedings. If your bank did not do this, and initiated foreclosure proceedings anyway, you may be able to have the foreclosure proceedings set aside.
The amount owed. Banks routinely miscalculate the amounts owed on a note and mortgage (by assessing improper charges, calculating interest improperly, or failing to credit you with all payments received).
Finally, even if it turns out that you have no defenses, you may benefit from months, or even years of living in your home without paying your mortgage. As a result, you may be able to save thousands, or even tens of thousands of dollars per month, month after month, until the dispute is resolved. At worst, this will help ensure you're not penniless in the event you are foreclosed. But that's a worst-case scenario. Ideally, we can help you avoid a foreclosure altogether!
You may think this all seems too good to be true. You may think foreclosure is inevitable. Before you give up, consider this: If your bank is unable to quickly and easily foreclose, because you have a capable attorney defending your your rights, it may be willing to negotiate with you in ways that it otherwise wouldn't (e.g. by agreeing to a loan modification, reduction in principal, or a short sale as payment in full).
To illustrate, suppose that your foreclosure suit has been pending for a year and you've been able to save up a year's worth of mortgage payments. If that happens, and you approach your bank and offer to pay those monies if it will modify your mortgage (to an amount you can actually afford), do you think your bank will turn you down? Before you answer, remember - banks are inundated with real estate. Typically, they don't want more land - they want cash. They didn't work something out with you before because you had no cash (which is why you were sued for foreclosure in the first place). If you have some cash to turn over, merely because you've saved some money while the foreclosure proceedings were in dispute, don't you think you'd be in a better position to negotiate? We sure do!
At this point, we know what you're thinking. "All this sounds great. But how can I pay a lawyer when I cannot afford to pay my mortgage?" We understand this concern. We understand that homeowners facing foreclosure don't have a lot of money to pay a lawyer. That's why we've developed a method of handling these cases that virtually everyone can afford. Unlike other law firms, we won't charge you huge, up-front retainer, and bill you several hundred dollars per month, for every month you stay in your home. After all, if you could afford to pay that much money to a lawyer, you wouldn't be facing a foreclosure! Instead, we offer a tiered pricing plan, which enables the homeowner to pay for services on an as needed basis.
For example, although our typical retainer is $1,500.00, in order to ensure that cash strapped homeowners do not lose their homes, we will accept as little as $500.00 up front, to immediately step in and stop the foreclosure process. This typically buys the homeowner up to three months without making any mortgage payments, which provides them with the funding they need to pay Gantz Associates to take the next step, which depending on the circumstances may constitute representing the homeowner's interest in mandatory modification meetings, and/or filing for bankruptcy on behalf of the homeowner.
We also accept a variety of payment methods, including credit cards and paypal.
In fact, we're so confident that you'll like our approach to foreclosure defense that we'll give you a free, initial consultation to explain how it works.
Call GANTZ ASSOCIATES today at (248) 886-9006, or email Adam J. Gantz at AGantz@GantzAssociates.com