Ohio Foreclosure Defense Lawyers – Foreclosure Defense Strategies
Asserting defenses and counterclaims against the bank gives homeowners the ability to protect their rights and provide aggressive, knowledgeable legal opposition to a foreclosure lawsuit brought by a bank. Defending a foreclosure involves asserting your rights and making sure they are protected. Our attorneys have years of experience submitting answers with applicable affirmative defenses and counterclaims to the summons and complaints filed by banks against our clients. It is imperative that once you are served with a summons and complaint in a foreclosure proceeding that you submit a written answer with all of your applicable affirmative defenses and counterclaims to the court and opposing counsel. Let the lawyers at Kohl & Cook help hold the bank accountable for their actions.
Helping Ohio Foreclosure Defense Clients Keep Their Homes
In cases where clients come to our law firm after their time to submit a written answer has expired, we can bring applications to the court to extend the time for our clients to submit a written answer to the summons and complaint and can even move to vacate their default. During the course of a foreclosure proceeding the attorneys for the financial institution sometimes bring motions for summary judgment (to obtain a judgment of foreclosure to sell the home without the case going to trial). We aggressively oppose these motions and take legal action to enjoin, or tie up, the foreclosure proceeding. In addition, we make discovery demands and requests to the attorneys for the financial institution to produce documentation concerning assignments of the note and mortgage, execution of the financial documents, and in addition we ask that they produce copies of original documents related to the mortgage transaction. The attorneys at Kohl and Cook have experience deposing the banks on the record and making sure the bank proves it case.
Stopping the Foreclosure Sale of a Home At the Last Minute?
If a sale date has already been set for your home pursuant to a foreclosure action, we may still be able to stop or slow the down the process to avoid losing your home. In Ohio, a homeowner has the right to stop a sale of their home even after the public auction has been held in certain instances. Ohio Revised Code Section 2329.33 gives Ohio homeowners the right to redeem their property and stop a foreclosure sale even after the auction.
Flip the Script on the Party trying to Foreclose and your Mortgage Servicer
In addition to establishing defenses to a foreclosure lawsuit, the lawyers at Kohl & Cook may also find ways for the homeowner to flip the script on the bank or mortgage servicer. The lawyers at Kohl & Cook have experience prosecuting and proving that banks and mortgage servicers have violated federal law. These federal laws include the Truth in Lending Laws (“TILA”), Real Estate Settlement Procedures Act (“RESPA”), Fair Debt Collection Practices Act (“FDCPA”) and other statutes and regulations.
In addition to fighting the foreclosure lawsuit, Kohl & Cook gives the client additional time and leverage to bring an application to the financial institution for a mortgage modification. The granting of the mortgage modification by a financial institution can pull the case completely out of a foreclosure proceeding. In instances where the bank or mortgage servicer does not properly handle a consumers application for loan modification, the lawyers at Kohl & Cook have successfully sued the bank for failing to comply with federal law.
Should I ignore the communications/notices from the bank, mortgage servicer, or financial institution?
The answer to this question is no. Ignoring communications from your financial institution or bank concerning your mortgage will not make your problems go away. The best manner to deal with issues presented by your financial institution is to hire a foreclosure defense law firm to speak up for you, defend your rights, prosecute federal claims, and/or to help you obtain a mortgage modification.