Affordable Foreclosure Defense For Oregon Homeowners

People threatened with foreclosure often feel cornered. They do not know where to turn. When they turn to us, they are often relieved when we educate them about the options available. Attorneys at McKean & Knaupp Attorneys have successfully employed a variety of foreclosure defense strategies and solutions to help people like you.

Strategy No. 1: The Negotiated Settlement

In many cases, staying in the home simply does not make sense for economic reasons. However, that does not mean that you should let the foreclosure move forward. It is important to protect yourself from liability. Our lawyers will strive to negotiate a settlement of the foreclosure that protects you from liability and ensures that the lender cannot come after you at a later date for the remainder of your debt.

Depending on the situation, it may be possible for us to negotiate with your loan servicer and obtain more time for you to find a new home, sell your home, or pursue a short sale.  We have negotiated countless short sale solutions for Oregon homeowners since the real estate market crash of 2008.

On average, we can negotiate a settlement of a judicial foreclosure case for $600-$800.

Strategy No. 2: Fight The Foreclosure

If you are looking for true foreclosure defense, and you have the resources to fight to stay in your home, we can help. Using our vast experience and knowledge of Oregon law and foreclosure practices of many lenders, we can quickly identify your best defense. We will review the facts of your situation for legal violations on the part of the servicer.  If your loan servicer has not followed the legal process required to foreclose on your property, we can aggressively challenge foreclosures when appropriate.

Strategy No. 3: Modify Your Loan

As part of our foreclosure defense work, we have assisted dozens of Oregon homeowners with the loan modification process since the first loan modification programs were announced in 2009 by the federal government.  We take care to see that people have the opportunity to apply for loan modification if they are eligible. We also make sure that there is no discriminatory treatment or servicer errors in the loan modification process, which would give the homeowner a legal claim against the servicer. Ultimately, we can assist with loan modifications when appropriate as part of a comprehensive foreclosure defense strategy.

Beware of Loan Modification Businesses

As part of our foreclosure defense work, we have assisted dozens of Oregon homeowners with the loan modification process since the first loan modification programs were announced in 2009 by the federal government. We take care to see that people have the opportunity to apply for loan modification if they are eligible. We also make sure that there is no discriminatory treatment or servicer errors in the loan modification process, which would give the homeowner a legal claim against the servicer. Ultimately, we can assist with loan modifications when appropriate as part of a comprehensive foreclosure defense strategy.

Strategy No. 4: Consider a Short Sale

Short Sale Solutions for Oregon Homeowners

A short sale is generally better than a foreclosure for your credit, especially if you have more than one loan. However, the short sale process is unregulated, and a servicer can continue with the foreclosure of your home even if you have a short sale offer in progress.  That is why it is so important that you enlist a foreclosure defense lawyer to guide you through the process.

 

 

Our attorneys handle the foreclosure process, while your real estate agent works to find a buyer for your property. Our role will be to delay and monitor the foreclosure process and review the short sale offer to make certain you are protected. Be aware that your real estate agent is neither trained nor qualified to provide legal advice.

 

 

Additionally, for some types of loans (for example VA, FHA, and USDA loans) there are government regulations that certain lenders must follow if the homeowner qualifies. We will determine whether such a program can benefit you.

Avoid the Pitfalls of Short Sales

By definition, a short sale is when a house is sold for less than what is owed. The difference between these two amounts is referred to as a deficiency. By law, a lender has the right to collect the deficiency, unless the lender agrees in writing to waive that right. If the lender does not agree in writing or if the agreement is poorly written or not enforceable, the lender may come after you at a later date to attempt to collect.

We will make certain this agreement is clearly written and enforceable. With us on your side, you can be confident that once the short sale has concluded, you will be able to move forward with your life without having to worry about anything coming back to haunt you.

We pride ourselves on our reasonable fees and our ability to make our legal services cost-effective. In some cases, we may be able to get your lender to agree to pay for our legal fees from the proceeds of the short sale.

The Foreclosure Process in Oregon

Two Kinds of Foreclosures: Trustee's Sales and Judicial Foreclosures

In Oregon, a loan servicer can choose from two very different methods to foreclose on your property.  The servicer can foreclose utilizing the trustee's power of sale, or the servicer can hire an attorney to file a foreclosure lawsuit against you in court.  Although there are some similarities between the two types of methods, they are radically different procedures.

A trustee sale foreclosure is a public auction of your property conducted by the trustee of your mortgage.  It takes place without court supervision and it can take only 4 months to complete the trustee's sale process. It is the most commonly used type of foreclosure and it tends to be very effective.  If you receive a trustee's sale notice, you have only 4 months to take legal action before the sale becomes final.  In general, there are only 3 ways to stop a trustee's sale foreclosure: (1) by curing the default, (2) by selling your property before the sale, or (3) by filing a lawsuit to stop the trustee.  We have the experience to know what is your best option.

The Judicial Foreclosure Process

A judicial foreclosure is a lawsuit in the circuit court of the county where your property is located.  The owner or servicer of your loan hires an attorney to sue to foreclose on your mortgage based on your default.  Once you have been served with the lawsuit, you have only 30 days to file a response (known as an "answer") in court, or your servicer may take a default judgment against you.  Unless you are an experienced attorney, you need to hire legal counsel to file your answer in court to have the best chance of defending the foreclosure lawsuit.  As discussed above, after a foreclosure lawsuit is filed, we can help you decide whether to sell your property, seek a loan modification, or defend the foreclosure lawsuit.

Do not delay; call us today to learn what you can do when facing a foreclosure. 

McKean & Knaupp Attorneys, LLC

101 SW Washington St.

Hillsboro, OR 97123

Phone: 503.846.0707  •  Fax: 503.419.4912  

 

This website is designed for general information purposes only. The information presented in this site should not be construed to be formal legal advice or the formation of an attorney/client relationship.​

 

Copyright 2009-2018 Benjamin D. Knaupp PC