Real Estate

Foreclosure Defense: Our firm is dedicated to helping homeowners (not lenders) in defending against a foreclosure complaint.  It is important to hire an attorney to defend against the banks that attempt to foreclose your home.  Oftentimes homeowners feel like they should not defend a foreclosure because perhaps they missed a few payments, but it is the Plaintiff's (the entity suing) job to prove that it is entitled to foreclose on the mortgage.  Did you notice that the bank suing you is not even the bank from which you took the loan?   While not always the case, oftentimes the banks sell and resell the mortgage encumbering your home and, as a result will have a difficult time proving that it has the right (legally) to foreclose.  Even if they are able to prove they are entitled to foreclose, by defending the foreclosure, it gives homeowner's options.  Oftentimes banks will continue to work with a homeowner during the foreclosure to see if a settlement can be reached, which oftentimes will include an offer to modify the terms of the loan to something more affordable, or when that is not feasible to allow the homeowner to surrender the home without being liable for the balance due under the Note.  

Co-Owning Real Property Property (Partition): If you co-own property with another person and you and the other person cannot agree as to what should happen with the property, you can file suit against the other owner for the forced sale of the property.  In such a lawsuit, reasonable maintenance, taxes, insurance, and mortgage payments, if any, are recoverable.

© 2012-2020 by The CLM Law Firm P.A. All rights reserved.