Nevada Bankruptcy Attorneys’s (NBA’s) experienced foreclosure defense attorneys understand Nevada law. That means we know how to protect your rights.
To put our experience to work for you and your family, contact us today to schedule a no-cost initial consultation. During the meeting we’ll listen to your story, assess your personal finances, determine the legal status of the foreclosure action that has or is about to be filed against you, identify your immediate needs and craft a plan of action and resolution strategy designed specifically for you.
When you retain NBA our team will immediately begin fighting for you. We’ll deal with your bank or servicer, stop harassing phone calls and mail, restore your peace of mind and put you on a path to resolution and recovery.
But we can’t help unless and until you contact us by calling the NBA office near you or completing and submitting our contact form. To get started contact us TODAY!
What happens after the bank files foreclosure?
The filing of a “Notice of Default” is only the beginning of the foreclosure process. As the action proceeds, NBA uses all available legal due process to help clients stay in their homes until the matter is resolved.
What is a short sale?
In a short sale the lender accepts less than the amount owed in order to sell the home. This is a good strategy for borrowers who are interested in leaving their home. It is helpful to have an experienced foreclosure defense attorney protecting the borrower’s rights as a realtor attempts to sell the home because the lender may reject the terms of the short sale.
In Nevada, lenders must file Notice of Default or a lawsuit in order to foreclose on a house. While the process varies from case to case, the steps to a foreclosure usually follow the same course:
- Missed mortgage payment. If you miss one mortgage payment, your lender may assess a late fee. If you fail to pay the fee within 30 days, your mortgage lender can take initial steps towards filing foreclosure.
- Letters of Demand. After the initial delinquency period has passed, your lender may send a written letter demanding you pay either the entire delinquent amount due on the loan or the entire balance due on the loan in 30 days.
- Summons and Complaint for Foreclosure or Notice of Default (NOD). At least 90 days following your first missed payment, your lender may file an NOD to start foreclosure. When the NOD is filed you will receive it usually from a Trustee appointed by your mortgage company.
- Homeowner’s response. If an NOD is filed against you, you have limited time to respond or else your lender may then be able to proceed to a sale of your property.
How To Respond To A Notice of Default
After you receive an NOD—the formal letter notifying you of the foreclosure action—you have a number of options:
- Ignore the NOD altogether. If you simply ignore the NOD, your lender will probably take possession of your home as soon as they sell the property at a Trustee sale.
- Fight The case. If you decide to fight to save your home, your lender will be represented by a team of highly-skilled attorneys. In order to level the playing field, you should consider retaining an experienced foreclosure defense attorney like the members of the NBA legal team to fight for and protect your rights.
- File for Chapter 13 bankruptcy. If you qualify, filing Chapter 13 stops a foreclosure action in its tracks and gives homeowners three to five years to catch up on their mortgage payments. Learn more about this option by contacting us here.
It is important to be proactive in order to stop the foreclosure and prevent a trustee sale.
Lenders Make Mistakes: We Use Them To Save Our Client’s Homes
Foreclosure actions may seem daunting, especially when the lenders are massive banks, but homeowners are often able to defeat the foreclosure process and keep their homes. NBA’s attorneys are often able to identify mistakes commonly made by lenders and other circumstances that can help us win your case–and save your home.
Those mistakes/circumstances include:
- The mortgage servicer made a mistake. Banks often hire mortgage servicers to take care of the billing logistics associated with your home loan. If these companies credit your payments improperly, impose excessive fees, or make other clerical errors, you may be able to defeat the foreclosure claim. See the Regulation X and Regulation Z pages for more information about how our lawyers fight mortgage servicers and hold lenders accountable.
- The bank cannot prove it owns the mortgage. Before foreclosing on a home, lenders must prove they actually own the mortgage. Because today’s mortgages have been bought and sold so many times, it is often difficult to determine the legal owner. Due to the frequency of mortgage trading, this has become an extremely powerful defense for homeowners.
- The lender failed to follow state procedures. Most mortgages are held by huge financial institutions that own tens of thousands of home loans. Because they hold so many mortgages, some lenders forget to follow state foreclosure rules. Sloppy procedural work can lead to the dismissal of your case.
- The lender violated consumer protection laws. Federal laws, particularly the Truth in Lending Act (TILA), protect home buyers from unscrupulous lenders. Mortgage lenders must make a broad range of disclosures when offering home loans and they often fail to meet these requirements. State laws provide additional protection for homeowners.
Remember: Foreclosure Actions aren’t an automatic win for mortgage lenders. You have the right to save your home and to retain NBA’s experienced attorneys to help you win! CALL the office nearest you or email us to arrange a no-cost initial consultation.