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Sheppard Law Offices
TALK TO A BANKRUPTCY ATTORNEY TODAY (330) 409-2876
Ohio is a Judicial Foreclosure State, thus the process of foreclosing on a home is handled through the courts. While the mortgage holder on your home can begin the foreclosure process the day following your first missed payment, most mortgage lenders will not file foreclosure paperwork until the homeowner is 3-4 months behind on the mortgage payments. Depending on the mortgage agreement, the homeowner may receive a notice of default or intent to accelerate letter demanding payment of the past due amount by a certain date, this is usually received about 30 days prior to the mortgage holder filing the foreclosure paperwork with the Summit, Stark, or Tuscarawas County courts. If you receive the intent to accelerate or notice of default letter and are not able to make the past due payment to bring the mortgage current, now is the time to contact Canton, Ohio foreclosure defense attorney Ken Sheppard, Jr. We can determine the most viable resolutions for your specific situation, including possible mortgage modification, forbearances, or other alternatives.
Once the foreclosure complaint is filed with the court, the court sends the homeowner a letter notifying them of the foreclosure filing. It is extremely important to respond to this letter within the 28 days allowed, otherwise the mortgage lender will ask the court for a default judgment noting that you have not responded to the complaint, and therefore do not object to the complaint. If you receive a notification of a foreclosure complaint, Akron-Canton, Ohio foreclosure defense lawyer Ken Sheppard, Jr. can help you to determine the best available resolution for your situation.
While in some cases the best defense may be to prolong the foreclosure process while you work to get back on your feet financially, there are several viable defenses against foreclosure. Some defenses may include procedural defenses, substantive defenses, and filing bankruptcy.
If the mortgage lender failed to follow the correct procedures which may be required by Ohio law or by the loan documentation itself, a valid procedural defense to foreclosure may be presented. For example: If your bank did not provide notice of default or failed to allow time to cure the default, these can be used as procedural defenses. With HUD and FHA loans the servicer is required make reasonable effort to provide counseling on foreclosure alternatives. There are numerous procedural defenses which can be argued to defend against a mortgage foreclosure complaint. Some foreclosure defenses will be based on Federal or State requirements, while other procedural defenses may result directly from the loan documentation.
There are quite a number of substantive foreclosure defenses which may be argued by the foreclosure defense attorney. Some examples of substantive defenses include: insufficient paperwork or information on the mortgage paperwork, incorrect payment processing or interest charged, fraudulent paperwork, etc. As each case of mortgage foreclosure defense will have its own intricacies, if you are currently in foreclosure or fear that foreclosure may be looming, call attorney Ken Sheppard, Jr. today for a free consultation to review your specific situation and seek viable options to save your home from foreclosure.
You have certain statutory rights, such as the Right of Redemption in which you can redeem your home prior to the foreclosure sale by paying off the total debt. If you are unable to pay off the total debt, many mortgage loans provide for the right of reinstatement by bringing the loan current. As your foreclosure defense attorney, we may also be able to advise you on attainment and utilization of available government sponsored programs such as the Save The Dream Ohio Foreclosure Prevention Effort, which provides Rescue Payment Assistance of up to $25,000 to a mortgage servicer to bring the first mortgage current or Mortgage Payment Assistance of up to $22,000 for unemployed or underemployed homeowners. Depending on your specific situation and what programs are available at the time, we may also seek to help you utilize additional programs to save your home.
In addition to several other special programs granted by the Servicemembers Civil Relief Act (SCRA), Military service members who are currently serving have the right to request additional time from the courts to deal with their home foreclosure.
At the Akron-Canton Ohio debt relief, bankruptcy, and foreclosure defense firm of Sheppard Law Offices, we care about our clients and take the time and effort to help them to attain the best possible outcome for their long and short-term benefit. Complete our contact form or call our office at (330) 409-2876 today for a Free initial consultation at our Canton, Ohio law office.
Sheppard Law Offices
Canton, Ohio Office
Belden Village Tower, 200
Canton, Ohio 44718
Tel: (330) 409-2876
Columbus Ohio Office
2600 Tiller Lane, Suite A
Columbus, Ohio 43231
Tel: (614) 523-3106
Newark, Ohio Office
843 N. 21st Street, Suite 108
Newark, Ohio 43055
Tel: (740) 345-7138
Mt. Vernon, Ohio Office
11 West Gambier Street
Mt. Vernon, Ohio 43050
Tel: (740) 392-0404
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Sheppard Law Offices, LPA is conveniently located and serving chapter 7 and chapter 13 bankruptcy clients in Canton, Ohio. Our office is a short drive from throughout Stark, Tuscarawas, and Summit Counties. We regularly provide debt relief solutions to clients from Akron, Canton, North Canton, Massillon, Dover, New Philadelphia, Alliance, Navarre, Strasburg, Ballivor, Jackson Township, Canal Fulton, Barberton, Greenlawn, Medina, Wooster, Orrville, Dalton, Minerva, Ashland, Wadsworth, Carrollton, Dundee, Millersburg, Hartville, Doylestown, Green, Uniontown, Salem, Columbiana, Uniontown, and throughout Ohio.