You lived a nice life in Eagle County for the past several years.  You were one of the “lucky” ones to qualify to buy a home here.  Life was good in Happy Valley then one day everything in the world went to hell in a hand basket. 

You have fallen behind in your mortgage payments, you didn’t talk to your lender about it and now you are in foreclosure.  Now you are just awaiting your fate.   

Buck up!  Defend yourself!  If you happen to have a few dollars left to your name, hire a competnet attorney to protect your interests,  If you don’t then seek out a knowledgeable Realtor who has alternatives to explore before the public auction sale day. 

You have to fight your foreclosure.  You cannot be intimidated by the the lenders attorney of the legal documents thrown at you.  You cannot rely on others involved in your foreclosure process to be looking out for your best interest.  I am talking about your lender, judges and the County officals who handle the paper work for the foreclosure.

You may be surprised at how attorney’s for lenders bend the rules, cut corners and generally bully those involved in the process to get the desired results for the lender.  The foreclosure process is not that complicated and with some careful due diligence on your part you just might keep you home.

Here are a couple of reasons.  Was the filing of the Notice of Election and Demand (NED) done in a timely fashion?  If not, the trustee’s deed is invalid.   Is the holder of your note someone other than the original lender?  If so, was there a recorded assignment from one to the other filed prior to the commencemnt of the foreclosure?  If not, the assignment of the deed is void.  In other words, if the wrong lender is initiating the foreclosure, it is illegal.

I can emphasize enough the importantance of hiring a competent attorney in this matter.  If you feel you just can’t afford one, seek out a competent Realtor to explore options like loan modification and short  sale.  If those ideas don’t produce any results, there may just be another way to skin this cat.

You can follow any responses to this entry through the RSS 2.0 feed. Both comments and pings are currently closed.