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FORECLOSURE DEFENSE

CHAMPIONING HOMEOWNERS. DEFENDING FUTURES

Facing foreclosure can feel like an uphill battle against financial giants, but you're not alone in this fight. MPC LAW’s mission is to unravel and challenge the methods used by mortgage lenders and servicers to advance foreclosures. Don't let doubt hold you back; take the first step. Schedule a free consultation with Mr. Curry. Let him champion your cause, defend your future, and bring you the success you deserve.

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Table Of Contents

Why Experience Matters

Matt Curry's extensive experience on the other side of foreclosure actions provides unique insights into the strategies used by banks, servicers, and foreclosure counsel to move foreclosures expeditiously. He leverages this understanding to build powerful defense strategies tailored to your case.
Matt Curry has a comprehensive understanding of foreclosure procedure and applicable law. Let him use his vast knowledge to your benefit.
Every foreclosure case is different, and Matt understands the nuances of the law. He’ll identify and utilize the most effective foreclosure defenses to protect your home.
Sometimes, foreclosure can be avoided through loss mitigation options. Matt can help you explore all available options, negotiate with lenders, and guide you toward a solution that fits your financial goals.
Informed clients make better decisions. Matt will educate you about the foreclosure process, your rights, and potential outcomes, empowering you to be an active participant in your defense.
Beyond defense, Matt will help you craft a vision for your financial future and work with you to create a plan that aligns with your goals.

Understanding Foreclosure: The Basics

A foreclosure is a legal process initiated by a bank or mortgage lender, taxing authority, or a homeowner or condo association, when there is a default under the terms of a Note and Mortgage, tax obligation, or responsibilities to an association per recorded declarations. The primary purpose of a foreclosure action is to recoup losses by foreclosing the collateral or property. In essence, foreclosure serves as a mechanism to recover losses through sale of the property.

For those facing foreclosure, it can be an intimidating and distressing experience. It can result in the loss of their home, damage to their credit, and significant financial and emotional stress. However, it’s crucial to remember that there are legal defenses and strategies available to protect your rights and interests during the foreclosure process or, alternatively, extend the process to allow you time to find alternative arrangements.

At MPC LAW, we focus our practice on foreclosure defense, and our mission is to unravel the sophisticated methods used in foreclosure, secure successful outcomes for our clients, and bring peace of mind to those defending foreclosure. We understand the distress that foreclosures can bring, and we are here to provide the support and guidance needed to find a way forward.

Our Practice Areas

Residential and Commercial Mortgage Foreclosure

When facing residential or commercial mortgage foreclosures, securing skilled legal representation is crucial. At MPC LAW, we understand the complexities of mortgage foreclosure proceedings for both homeowners and commercial property owners. Whether negotiating with lenders, challenging the foreclosure process, or representing you in court, MPC LAW stands ready to advocate on your behalf to protect your real estate investments.

Loan Modification Attorney

A loan modification could be the solution you need to regain control of your finances and protect your home. At MPC LAW, we understand the complexities of loan modifications and provide tailored loan modification services and dedication.

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HOA/COA and Delinquent Tax Foreclosures

When it comes to Homeowner’s Association (HOA), Condo Association (COA), and Delinquent Tax foreclosure proceedings, defending your home is paramount. At MPC LAW, we understand the unique challenges these cases present, and we’re here to be your advocates.

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The Pre-Foreclosure Process for Mortgage Foreclosures

The pre-foreclosure stage is a critical phase in the foreclosure process, and understanding it is crucial for homeowners facing financial difficulties. This period typically begins when a homeowner falls behind on their mortgage payments but has not yet reached the point of foreclosure. Here's an overview of the pre-foreclosure stage:

The pre-foreclosure stage commences when a homeowner becomes delinquent on their mortgage payments (or otherwise defaults under the terms of a Note and Mortgage). Lenders usually provide a grace period, but when payments continue to be missed, the mortgage goes into default.

Following a period of missed payments (usually 30-60 days) or failure to cure a default other than non-payment, the lender may issue a Notice of Default (NOD) to the homeowner. This formal notice serves as a warning that the loan is in default, and it often includes the amount owed and a timeframe within which the homeowner must take action to rectify the situation, or the loan will be accelerated and foreclosed.

During the pre-foreclosure stage, homeowners still have an opportunity to resolve a delinquency and prevent foreclosure. They can explore various options, such as reinstating the loan, paying off the loan, negotiating with the lender for a loan modification, refinancing, or pursuing a repayment plan. Seeking legal counsel during this phase can be highly beneficial, as it enables homeowners to navigate the complexities of mortgage negotiations and explore potential alternatives.

After acceleration, compliance with federal conditions precedent (as applicable), and the passage of 120 days of payment default, a lender or servicer may initiate a foreclosure proceeding by filing a complaint in the county in which the property is located.

The Foreclosure Process by Stages

The foreclosure process typically begins with the bank or mortgage servicer, taxing authority, or HOA/COA filing a formal complaint against the homeowner in court. This document outlines the reasons for foreclosure and initiates the foreclosure.

After the complaint is filed, the homeowner is served with a summons and complaint via personal, residential service, or publication. Service notifies defendants of the foreclosure action and provides an opportunity to respond within a specified timeframe. Once served, a defendant has 28 days to respond to the complaint.

Any defendant may file an answer or other responsive pleading to the complaint, within the 28-day timeline or applicable timeline if an extension is granted. The answer presents a defendant with an opportunity to deny the averments of Plaintiff’s complaint, set up defenses, and make claims against the Plaintiff or co-defendants.

If the homeowner fails to respond to the summons and complaint within the 28 days contemplated, they risk a default judgment. This means the court may proceed with the foreclosure uncontested.

If the homeowner timely files an Answer, the case may proceed to a summary judgment or trial. During these stages, both parties present their arguments, evidence, and legal defenses. The court will then decide whether to grant the foreclosure based on the merits and equities.

Following a judgment granting the decree of foreclosure, the property may be sold at auction to satisfy the outstanding debt. This stage is known as post-judgment execution and results in a foreclosure sale.

Once the foreclosure sale is held, the Court will confirm the sale and order title transferred to the purchaser.

What is the Timeline for Foreclosure

Foreclosure timelines vary by County and can be critically short, which is why it is imperative to contact counsel immediately. In fact, Judges consistently advise Plaintiff’s counsel that the foreclosure must be adjudicated within 12 months of filing. And, in addition to this often quoted Judicial Rule of Superintendence, mortgage lenders and servicers have established metrics that gauge a foreclosure firm’s timelines. On these facts, a foreclosure timeline can be critically short and a defendant faces difficult odds of success on their own.

Loss Mitigation

Loss mitigation encompasses a range of options designed to help homeowners avoid foreclosure or secure an agreeable exit plan. These strategies can include HOME RETENTION options like reinstatements, pay-offs, loan modifications, or forbearance agreements and NON-RETENTION options like short sales, deeds in lieu of foreclosure arrangements, deficiency judgment waivers, or an agreement as to a move-out date. The goal is to work with your lender to find a mutually beneficial solution that allows you to keep your home or transition to a more stable financial situation.

Every homeowner’s situation is unique. Matt Curry will work closely with you to assess your circumstances, understand your goals, and tailor a loss mitigation strategy that aligns with your needs.

Successful loss mitigation often requires skilled negotiation with your lender. Matt Curry has a deep understanding of loss mitigation from the lender’s perspective and will leverage this knowledge to your benefit. Whether you need loan terms negotiated or a negotiated exit strategy Matt Curry knows how to navigate the process with lenders.

Loss mitigation is just one piece of the foreclosure defense puzzle. We combine this strategy with a thorough examination of your case, exploring potential legal defenses and other avenues to protect your home.

The Value of Legal Response

Responding to a foreclosure summons and complaint, even when you plan to exit the home or allow the property to go through foreclosure, serves numerous critical purposes:

A Response Buys Time

A precious resource when transitioning to alternative living arrangements or winding down your affairs regarding the property. This additional time can significantly reduce the stress associated with a rushed move or hurried wind-down.

A Response Protects Your Rights

When you respond to the foreclosure summons, you are taking a proactive step to protect your legal rights. This includes ensuring that the foreclosure process follows proper legal procedures and that you have a say in the timeline of adjudication and sale of the property.

A Response Supports Negotiation of Exit Strategies

Beyond slowing the foreclosure timeline, responding to a foreclosure summons may support negotiation. Exit strategies that could be negotiated include a waiver of personal judgment, securing a favorable timeline for your move-out, or potentially obtaining financial incentives to vacate the property without the rush and pressure of an imminent foreclosure auction.

Areas We Serve

Seek Counsel Immediately

In essence, the moment you receive a foreclosure summons and complaint, time becomes your most precious resource. Seeking immediate legal counsel with a proven attorney and firm, like Matt Curry and MPC LAW, ensures that you have the best chance of defending your home, securing your future, and avoiding unnecessary hardships. Don’t wait; act swiftly to protect your rights and your home.

Our Commitment to You

When you choose MPC LAW, LLC for foreclosure defense, you're not just hiring an attorney; you're gaining a dedicated ally who will fight relentlessly to protect your home. We're here to guide you through the complexities of foreclosure, ensuring that you have a clear path forward.

Ready to safeguard your home and your future?

Contact us today to schedule a FREE consultation. Let Matt Curry put his industry knowledge and experience to work for you.
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614-380-0202 mpc@mpclawllc.com
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    Delaware, OH 43015
  • 18 E William St #3
    Delaware, OH 43015-2332
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