Why Hire a Foreclosure Defense Attorney?
Reasons to Hire The Law Office of Glenn F. Russell, Jr.
If you are facing foreclosure, you may be struggling with one of the most frightening moments of your life. The possibility of losing your home to foreclosure could bring on paralyzing fear as a result of uncertainty. You need to mount a strong defense against foreclosure and if your require representation to prevent a foreclosure on your home, hiring an experienced foreclosure defense attorney may be the best decision you make after receiving a foreclosure notice.
The attorneys at our firm will not give up in the face of resistance, even if it means zealously advocating your rights in litigation and advancing your case against much larger law firms. At The Law Office of Glenn F. Russell, Jr. we do not shy away from competition. In fact, we thrive on large law firm opposition, and we are eager to take on and challenge foreclosing entities claiming to possess the current right to separate you and your family from your residential abode.
We can be trusted to zealously advocate your case and aggressively advance your rights, especially where you need representation for wrongful foreclosure claims or for foreclosure appeals. We are one of the very few law firms in America, to have successfully taken on the largest of the large law firms in foreclosure matters on the highest stage.
Some of our successful appeals before the Massachusetts Supreme Judicial Court include:
- appeal against K&L Gates, U.S. Bank v. Ibanez Nat'l Assn.v, Ibanez, 458 Mass 637 (2011)
- appeal against Morgan Lewis, Galiastro v. Mortgage Electronic Registration Systems, Inc., 467 Mass. 160 (2014)
- an appeal in the U.S. Court of Appeals for The First Circuit against Eckert Seamans in Juarez v. Select Portfolio Servicing, Inc., 708 F.3d 269 (1st Cir 2013)
Foreclosure Defense Lawyer with Unique Court Experience
Attorney Glenn F. Russell, Jr. has had successful, extensive, and unique court experience representing foreclosure defense clients before the Massachusetts Supreme Court and the U.S. Court of Appeals. Unlike attorneys who merely say that they "litigate" foreclosure defense cases, attorney Russell has actively represented many foreclosure defense clients before the Massachusetts state and federal courts.
We are one of the very few law firms that have the unbridled confidence to argue appeals of adverse foreclosure rulings. This has given attorney Russell a truly unique perspective among foreclosure defense attorneys regarding the Massachusetts law related to foreclosure and the foreclosure defense process, and as a result we can be trusted to zealously represent the firm's clients to the fullest extent of the law.
Experienced Foreclosure Defense
The clients and cases he has represented have become landmark rulings in foreclosure defense. In representing Melissa Juarez, in Juarez v. Select Portfolio Servicing Inc. (11-2431), the firm established this case as the first successful federal appellate ruling for a homeowner before the U.S. Court of Appeals for The First Circuit.
The same problem was addressed in the firm's earlier successful appellate result in the national precedent setting ruling of U.S. Bank National Association v. Ibanez. Attorney Russell also successfully defended Jodi B. Matt in a foreclosure matter before the Massachusetts Supreme Judicial Court in the HSBC Bank v. Jodi B. Matt case (2013).
Don't fight on your own! Contact our firm for assistance.
Do not try to take on defense of foreclosure on your own. The financial institutions, mortgage servicers, and their attorneys will not make the foreclosure process easy for you. Life - and the bills and debts that come with it - will continue to move forward while you additionally try to juggle the stresses your legal matters.
Do not place unnecessary strain on your life by trying to navigate the courts with your own power. Foreclosure can be a scary process, but with the right legal representation, the process could be much smoother.
Contact The Law Office of Glenn F. Russell, Jr. to enlist the services of a Massachusetts foreclosure defense lawyer. With court experience and an eagerness and passion to help you through your foreclosure legal issues, you can trust that a lawyer from our firm will be right be your side every step of the way.
- 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.