Massachusetts Foreclosure Defense Attorney
Glenn F. Russell, Jr. & Associates, P.C. Assists Homeowners
We know how stressful a foreclosure or impending foreclosure can be. Many people who face foreclosure experience feelings of guilt or embarrassment. At Glenn F. Russell, Jr. & Associates, P.C., we know there is nothing to feel ashamed about when you are dealing with debt. Fighting a foreclosure action with a Massachusetts foreclosure defense lawyer is simply protecting your rights as a homeowner!
Thomas Jefferson was well aware of the dangers of allowing "banks" to operate unchecked, and the consequences attendant for such unfettered discretion to act. Indeed the words below written in 1802 in a letter to then Treasury Secretary Albert Gallitan certainly appear to be somewhat prophetic: [Although there is some debate as to the exact wording of the oft referenced quotation below from this 1802 Letter].
April 19, 2016
We have begun to accept new foreclosure cases again, but only on a very limited basis, and only if we feel that we have legitimate arguments under your particular set of circumstances. However, before you contact this firm please keep in mind that the defense of foreclosure cases in Massachusetts is an extremely complicated matter that requires, you as the property or home owner to file a lawsuit to challenge the legitimacy of the foreclosing claimants claim to title. Thus, there can be significant costs associated with pursuing these actions, as this firm does not accept cases on a contingency basis. Therefore, we suggest that you very carefully weigh your options before challenging your foreclosure. While we will consider all matters, of special interest to us are situations where you have been foreclosed upon within the last three years, and where you may have been contacted by person(s) seeking to make you an "offer" to sign away rights to your foreclosed upon former home, for $500.00 or a similar meager sum
Please also note that this firm does not take on matters strictly to "negotiate" loan modifications, or short sales. This firm also does not take on cases involving local credit union or local bank mortgages, as most likely these loans are still owned by these entities. We also do not take on matters involving "hard money lenders". And, additionally, this firm also does not handle matters in the housing court involving evictions.
Aggressive Foreclosure Defense
After the recent passage of Massachusetts' An Act Preventing Unlawful and Unnecessary Foreclosures, it has become increasingly more difficult for entities to foreclose on homeowners. This legislation helps protect consumers and homeowners in Massachusetts. Essentially, the act forces financial entities and or mortgage securitization trusts, and their "minions" to take lawful and reasonable steps before initiating a foreclosure action under Massachusetts statute.
Most importantly, the act allows homeowners and the Massachusetts economy to repair and recover after the real estate market crash and the resulting foreclosure crisis. This act was partially shaped as a result of this firm's successful representation of the LaRace family before the Massachusetts Supreme Judicial Court in the
national precedent setting ruling of
U.S. Bank Nat'l Ass'n v. Ibanez ,458 Mass. 637 (2011).
Unfortunately, not many homeowners in Massachusetts fight foreclosure by enlisting the services of a Massachusetts foreclosure defense attorney. The reasons for this are many, but predominately due to the fact that foreclosure in Massachusetts is "non-judicial", that is the foreclosing entity does not have to go to court in order to separate you from your family abode. A Further reason is that most homeowners facing foreclosure are already in a compromised financial position and therefore lacking the financial wherewithal to hire an attorney to defend their interests. Additionally, there are very few attorneys versed in this complex and esoteric area of the law. Combining the entirety of the preceding has let the financial industry advance its deficient legal claims largely unopposed for most of the last decade.
Therefore, where a homeowner "mortgagor" believes that there are legitimate reasons that the entity claiming the right to foreclose, does not have the legal authority under statute to do so, they must file a lawsuit to challenge the foreclosing entity. There are not many attorneys who take these cases on, and even fewer that actually understand the issues involved with this area of the law.
Beware, there are attorneys that may take these cases on, with no experience, or understanding of foreclosure. While an experienced, knowledgeable, and skilled, lawyer from our firm can represent you and aggressively help you navigate the foreclosure process smoothly, and cut through the red tape associated with foreclosure cases, no one can guarantee a successful outcome in these matters, as this is an extremely complicated, and largely undeveloped, area of the law. If we decide that your particular situation is compatible with our focus on changing the law, and you fully understand that a successful outcome is uncertain at best, but still wish to file litigation, we can help.
When you hire Glenn F. Russell, Jr. & Associates, P.C., to defend your home, you can rest assured that Attorney Glenn F. Russell, Jr's approach to legal representation in foreclosure defense cases is focused on your best interests. Our firms success at the appellate level is unparalleled We are the only law firm in Massachusetts [and most likely the United States] that has successfully argued three (3) foreclosure matters before a state supreme court, and we are the only law firm to ever successfully argue a foreclosure matter before the U.S. Court of Appeals for The First Circuit.
See our testimonials and case results and "In The News" pages
Helping You Create a Strategic Plan of Action
Perhaps the greatest defense in a foreclosure case is having a strategic plan of action to help you get back on your feet. Effective legal counsel should guide you toward making good decisions that can break the cycle of debt or overwhelming financial responsibilities. At Glenn F. Russell, Jr. & Associates, P.C., we strive to help our clients achieve the best possible outcome with strategic plans of action. Ultimately, by helping you understand the big picture and offering sound legal counsel, we can enable you to get a better sense of your current circumstances, where to go, and what to do.
However, while we strive to zealously advocate for every client that we represent, defending these matters is an extremely complicated matter, and one with an uncertain outcome at best. We urge anyone contemplating challenging these actions, to carefully consider all possible consequences of filing litigation to stop a threatened foreclosure, such as the expenditure of monies, which would possibly become necessary for alternate housing arrangements, if there would be a non-favorable outcome
Our Areas of Practice
If you have been notified of foreclosure but feel as though your home is unlawfully being foreclosed upon, our firm can examine the circumstances surrounding your particular situation. If we make the decision that your particular situation is something that we could possibly make a difference in, we may be able to provide legal representation for you. In matters that we agree to take on, we pride ourselves on providing an aggressive defense for all of our clients during the foreclosure process. At Glenn F. Russell, Jr. & Associates, P.C., we believe in protecting you and working hard to try to help you keep your home, especially if your foreclosure proceedings were initiated unlawfully under statute. We work extremely hard to create strategic and innovative approaches to the
defenses to foreclosure for our clients in order to bring about the best possible chances for success.
If you need help with foreclosure appeals, we have represented several cases before the Massachusetts Supreme Court and the U.S. Court of Appeals for the First Circuit. When you
hire a Court experienced attorney from our firm, your representative can handle your legal matters while you remain in your home, letting you focus on financial recovery.
Additionally, we represent individuals and businesses in Massachusetts who need legal advice for bankruptcy, whether or not your situation is caused by foreclosure issues. Whether our clients need help filing for
Chapter 7 or
Chapter 13, our firm can be of great assistance. We know that financial hardships can bring unbearable stress, Therefore, having a Massachusetts bankruptcy lawyer from our firm by your side during this turbulent period of time who can deal with the flood of paperwork and phone calls, as well as the related court issues can greatly ease the pressures of bankruptcy. Massachusetts bankruptcy and foreclosure laws are incredibly complex, so if you have questions or concerns, we encourage you to read through our
FAQ sections to better understand your situation and learn how our firm can help.
If you are ready to recover from the anxieties of endless debt or want to save your home, we stand ready to represent you. It is not our job to judge how you got into your current financial situation, but rather to get a full understanding of your case, Once we have a firm grasp of your specific circumstances, we can then attempt to determine how you can best address your current financial situation, and we can then begin to establish a legal strategy that may help put you on the path to financial recovery. .
Due to the complex nature of Massachusetts foreclosure and Massachusetts bankruptcy cases, there can be no guarantee of success. However, deciding to hire the services of a Massachusetts foreclosure defense attorney and/or a Massachusetts bankruptcy attorney from our firm, could greatly increase, but not guarantee, your chances of successfully challenging the legality of an initiation of foreclosure, or successfully overcoming a financial set back through the filing of a Massachusetts bankruptcy. At Glenn F. Russell, Jr. & Associates, P.C., we are proud to be able to offer cutting-edge legal representation to the citizens of Massachusetts. Our satisfied customer testimonials and case results are true testaments to the fact that our method of effective Massachusetts foreclosure defense and Massachusetts bankruptcy, is unparalleled in our field.
Contact a Massachusetts Foreclosure Defense Attorney Today
When you are facing foreclosure, you need an advocate in your corner who is willing to fight on your behalf when the pressures of debt or finances are too much. We can be that advocate for you! Don't hesitate a moment longer.
Contact Glenn F. Russell, Jr. & Associates, P.C. to speak with one of our associates at the firm today.