Our attorneys are pleased to help you  Louisville Foreclosure Lawyer decide your financial future. We offer free initial consultations and are available for evening and weekend appointments. We offer language services in Spanish, German, Italian, Mandarin Chinese, Czech and Korean.

 

However, you will still have to catch up on your house payments if you want to keep your property. But if you respond to the lawsuit, the case will go through the litigation process. The lender might then request the court to grant summary judgment. A summary judgment motion asks that the court grant judgment in favor of the lender because the case’s critical aspects aren’t in dispute.

 

Getting Help From A Kentucky Foreclosure Lawyer

 

I personally prepare your consumer bankruptcy, foreclosure defense, or small business bankruptcy case. We usually have two consultations a free consultation for 2 hours and 2-3 hours with you to ensure your petition is perfect. Bankruptcy attorneys should never pass clients off to a paralegal or inexperienced junior lawyer after the law firm collects. The LII Lawyer Directory contains lawyers who have claimed their profiles and are actively seeking clients. If you default on your mortgage payments in Kentucky, the servicer (on behalf of the loan owner, called the “lender” in this article) will eventually begin a foreclosure. Kentucky law specifies how foreclosures work, and both federal and state laws give you rights and protections throughout the process.

 

Essentially they state there are no issues left to be argued. This is a crucial step in the judicial foreclosure process when facing financial hardship. Because there are over 120 different primary defenses, the mere filing of an answer and discovery may delay the judicial foreclosure process for years.

 

Then, the homeowner can work on a loan modification, partial claim, or workout with the bank while the home is in Chapter 13. Filing an answer and discovery also allows the homeowner time to pursue alternatives such as selling the home. Usually, a mortgage company files a Lis Pendens, which is a notice of pending litigation at the start of the case. The purpose is to notify potential buyers of the property pending litigation.

 

This extra time might allow you to explore alternatives to foreclosure. In Kentucky, you do not technically have a right to reinstate your loan unless it is a high-cost home loan. Lenders of high-cost loans must give at least 30 days’ notice of default to the borrower. Check your mortgage loan to determine whether or not you have a right to reinstate your loan.

 

Can A Louisville, Kentucky Real Estate Attorney Help?

 

Asking for discovery or a jury trial may postpone the matter for much longer. You do need to decide however at the start of the case do you want to litigate and delay or negotiate and save the home. Our experienced bankruptcy attorneys at O’Bryan Law Offices can help you choose the best option for your situation. We’ve helped many clients in the Louisville area save their homes and start fresh. Filing for Chapter 13 bankruptcy may increase your opportunities to keep your home, but you must be able to afford your monthly mortgage payments after bankruptcy.

 

The Commissioner’s Foreclosure Recommendations And Sale

 

This allows the lender to foreclose on your home and hold a sale. This is when having qualified foreclosure attorneys on your side will be invaluable. If you have been served with a foreclosure complaint and need your interests protected, our attorneys and staff are prepared to take the appropriate measures to timely file a response on your behalf. We monitor the ongoing court action and report the status to you. We provide our expertise in determining bidding options, obtain first mortgage payoffs if applicable, and apply for, and obtain excess funds when available. Federal and state laws require that you be in default for at least 120 days before the servicer officially begins the judicial foreclosure process against you.