Law Courses

The Law and Lawyers Blog

How to Find a Foreclosure Attorney in Chicago

Law

A good way to find a good foreclosure attorney in Chicago is to use the Internet. Foreclosure lawyers often have profiles that include their contact information, education, biographical information, and links to their firm’s website. If you’re curious about their qualifications, you can contact them by filling out a contact form. If you’re interested in learning more, you can also read our articles on TILA and HOEPA violations and Fraud.

TILA and HOEPA violations can be raised as a foreclosure defense

While many commenters questioned the Bureau’s legal authority, others were unsure whether it was reading TILA section 130(k) to preserve consumer rights. The Bureau ultimately determined that the loan complied with the HOEPA and TILA provisions. In addition, commenters questioned whether the Bureau’s interpretation of the statute of limitations was consistent with Congress’ intent to preserve consumer rights. Regardless of the reason, however, borrowers can raise ATR and QM violations as a foreclosure defense at any time.

TILA and HOEPA violations can also be raised as foreclosure defense. These laws protect consumers from unfair lending practices, such as failing to disclose certain material terms and interest rates in written contracts. If you are facing foreclosure, you must find out what your lender did to prevent you from being cheated out of your home. The Bureau has issued regulations that govern certain practices related to foreclosure.

Fraud can be raised as a foreclosure defense

In certain situations, a homeowner can raise a foreclosure defense based on fraud. If a mortgage lender manipulated a homeowner into making payments before they were due, this is an equitable or technical defense. If the mortgage lender accepted payments after the loan was in default, fraud is also a potential foreclosure defense. But the buyer must raise the issue in a court action, which can be difficult if the mortgage lender has not paid the mortgage.

The foreclosure process can be slowed by technical issues with documents, such as Robo-signing and alleged document fraud. The standing defense is revived with statutory amendments. Moreover, failure to raise a foreclosure defense does not waive it. Therefore, even if you raise this defense late in a foreclosure proceeding, you should not lose the chance of recovering a mortgage modification. Fraud can be raised as a foreclosure defense in Illinois.

Refinancing vs Strategic Default

The debate over refinancing versus strategic default can be difficult to understand. However, the moral imperative to avoid defaulting on a mortgage is still a strong force for many. The New York Times writes that strategic defaults are often compared to walkaways, such as Tishman Speyer’s bankruptcy in Stuyvesant Town, New York. Generally, borrowers who default on their mortgages are still able to repay the debt but walk away. Strategic defaults can have severe consequences on a borrower’s credit and ability to obtain future loans.

In some cases, strategic defaulting is a good option. Strategic default can result in negative equity of tens of thousands of dollars. However, the borrower may still owe the full amount of the mortgage if the sale of the property does not raise enough money to cover the deficiency. Therefore, it is important to understand the consequences of strategic defaulting before making any decisions. As a rule of thumb, strategic default will damage a borrower’s financial situation in the short and long term.

Sale/Short Sale vs Sale/Short Sale

If you are behind on your mortgage, you have two options. One of those options is to opt for a short sale. This is a process whereby you sell your property for less than the balance due on the mortgage. Short sales are much more beneficial than foreclosures, as the short sale process saves you from the deficiency judgment that you may incur in a foreclosure. To learn more about short sales, contact a local foreclosure attorney in Chicago.

Short sales can take four to six months to complete. After the short sale is complete, you no longer own the property, and it belongs to someone else. If you have children, you can still live there, and find alternative accommodations. Regardless of which option you choose, there are advantages and disadvantages to both options. However, short sales have a lower chance of success, so it is important to find a foreclosure attorney who understands the process well.

Refinancing vs Sale/Short Sale

Refinancing vs Sale vs Short Sale is a common financial decision homeowners face when facing foreclosure. The process of short sale involves selling a home for less than the balance owed on the mortgage. After the sale, the lender either accepts the sale proceeds, forgives the difference, or gets a deficiency judgment against the original borrower. Although a short sale is not a good option for all homeowners, the process is becoming increasingly common.

A refinancing or short sale can be beneficial for both parties, but the financial outcome of the process will depend on the type of loan you receive. A short sale will typically be more advantageous to the seller than a refinance because the lender will not be getting back the purchase money loan. While the terms of a refinance will generally be similar to those of a purchase money loan, the lender can demand that you contribute. The amount of money you contribute will depend on your financial status and the lender’s assessment of the seller’s ability to repay the loan.