Massachusetts Foreclosure Defense
Massachusetts Foreclosure Defense Law Firm with Court Experience
Life can bring some unexpected hardships, many of which involve finances. Financial strain can be caused by unexpected life events such as a medical emergency, an accident, or loss of employment. If you are facing foreclosure on your home due to financial hardship - long term or short term - we can strive to help you find a resolution for your case.
It may seem as though the law is against you, but at The Law Office of Glenn F. Russell, Jr. we are here to tell you that there are many options available to you! Just because you have been threatened with the possibility of foreclosure does not mean you will automatically be kicked out of your house immediately.
Instead of worrying or stressing, you can trust that a Massachusetts foreclosure defense lawyer from our firm can exhaust all legally possible avenues and resources necessary to help you stay in your home. We offer a wide range of services, many of which could serve as an alternative to a foreclosure auction sale of your property, or a solution to your concerns.
This firm also routinely handles:
- bankruptcy matters where foreclosure is not an issue
- adversary proceedings, should you wish to challenge the foreclosing entity within the bankruptcy
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).
Enlist the Help of a Massachusetts Foreclosure Defense Attorney
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 you wish to buy or sell a property subject to foreclosure, Glenn F. Russell from The Law Office of Glenn F. Russell, Jr can bring his legal experience to the table where he can identify potential title issues due to the secondary mortgage market securitization. Visit Russ 45 Realty to learn more.
- Drowning in debt?
- Feeling stressed because of your finances?
- Being harassed by creditors?
The Law Office of Glenn F. Russell, Jr. is here to help you with all these issues and so much more before they become a major issue.
"Attorney Russell has been God-send to us!"
- Attorney Russell has been God-send to us! He took our cases and turned them around! Best lawyer we've ever had!- Earl F.
Do I really need a foreclosure lawyer?Absolutely. Should you need foreclosure defense counsel, only an experienced attorney can determine which course of action is best for you. Whereas predatory scam artists try to prey on your financial vulnerability, a skilled foreclosure defense attorney genuinely can look out for the best interest of you and your family. Legal advice must be practical and efficient in order to be effective, so if you need strong legal guidance, trust that The Law Office of Glenn F. Russell, Jr. can offer the counsel needed to successfully navigate the complicated legalities of foreclosure or bankruptcy.
Third parties are offering to help my foreclosure process. How do I know who to trust?
Perhaps one of the greatest obstacles individuals encounter during the foreclosure process is learning who to trust and who to avoid. Due to the nature of the foreclosure process, descriptions of any homes being foreclosed may be published and accessible as public information. It is a sad truth that there are fraudulent companies that prey on public lists of foreclosing homes and attempt to take advantage of a people's financial vulnerability.
You may be contacted by mortgage brokers, mortgage negotiators, or mortgage holders. You may also be contacted by a Massachusetts bankruptcy attorney or a private financier who offers to help you sort out your finances. These parties may be dependable sources of legal and helpful advice during your foreclosure.
Unfortunately, there are frauds and scam artists who will try to take your home or your money without providing any sort of service. A general word of advice we give to clients to follow is: If a deal sounds too good to be true, it probably is. Avoid scams with the help of a qualified attorney from our firm!
What happens at a foreclosure sale?
It doesn't happen all the time, but if you have exhausted all of your legal alternatives and feel as though a foreclosure or short sale is the last resort, you need to know what to expect.
No foreclosure sale is exactly the same, but for the most part, the foreclosure sale process typically involves the following:
- Lenders must first send a notice of a foreclosure to the homeowner. The notice must be sent at least 14 days prior to the foreclosure sale date.
- A foreclosure sale will take place at the date, time, and place specified in the foreclosure notice.
- The foreclosure sale will be conducted by a licensed auctioneer. The auctioneer will read various legal notices, descriptions, and documents pertaining to the property.
- The auctioneer will take bids on the property, take deposit checks, and accept the highest bid to close the foreclosure property sale.
- Parties - including the mortgagor, the purchaser, and the auctioneer - will draft a foreclosure deed, which must be recorded and filed at the Registry of Deeds.
- A grace period - typically 30 days - will be given to allow the purchaser to line up financing.
- A closing will take place, and the new owner will formally take title to the foreclosed property.
All monies paid by the new purchaser will go toward paying real estate taxes, owed mortgages, and payments to creditors or other debts owed on the property. If no one at the foreclosure sale is able to bid a high enough amount to cover the debt of the property, then the balanced owed - called a deficiency - would then be the liability of the old owner.