Understanding Foreclosure and How Our Real Estate Lawyers Can Help

According to ATTOM Data Solutions, 2023 saw over 357,000 U.S. properties with foreclosure filings (default notices, scheduled auctions, or bank repossessions), marking a 10% year-over-year increase.

With economic uncertainty, high inflation, and rising interest rates, experts predict that foreclosure filings may surpass pre-pandemic levels by the end of 2025.

What Is Foreclosure?

Foreclosure is the legal process by which a lender repossesses a home after the borrower fails to make mortgage payments. This process allows the lender to sell the property to recover the remaining loan balance. Foreclosures can be either judicial (processed through the court system) or non-judicial (processed outside of court, depending on the state’s laws).

While foreclosure procedures vary by state, the typical process includes:

Eviction – The new owner may begin the eviction process if the homeowner has not already vacated.

Missed Payments – After 90 days of missed mortgage payments, the loan is considered in default.

Notice of Default or Foreclosure Filing – The lender formally notifies the borrower and begins the legal process.

Pre-Foreclosure Period – This is a crucial window of time to explore loss mitigation options or legal defenses.

Auction or Sheriff’s Sale – If unresolved, the home is sold at a public auction.

Common Reasons for Foreclosure

• Job loss or reduced income
• Medical emergencies or unexpected expenses
• Divorce or separation
• Excessive debt
• Adjustable-rate mortgage (ARM) payment spikes
• Economic downturn or recession

What Is Foreclosure Defense?

Foreclosure defense refers to the legal strategies used to fight a foreclosure action and potentially stop or delay the process. These defenses focus on holding lenders accountable, identifying procedural errors, or negotiating alternatives to foreclosure.

Our real estate attorneys use a combination of legal knowledge, negotiation tactics, and local experience to craft the best defense strategy for your situation.

Common Foreclosure Defense Strategies

1. Loan Modification Negotiation
   We help you negotiate with your lender to restructure your loan for more manageable payments.
2. Improper Service or Procedural Errors
   Lenders must follow strict legal procedures. We review your case for any violations that may invalidate the foreclosure.
3. Standing and Ownership Challenges
   We ensure the party attempting to foreclose actually holds the legal right to do so.
4. Predatory Lending or Unfair Terms
   If you were a victim of deceptive loan terms, we may be able to challenge the validity of your mortgage.
5. Bankruptcy as a Temporary Solution
   In some cases, filing for bankruptcy may offer immediate relief and provide time to explore long-term solutions.

Why You Need a Foreclosure Defense Attorney

Fighting foreclosure without legal representation can be an uphill battle. Banks have experienced legal teams, and homeowners often find themselves overwhelmed by paperwork, deadlines, and court procedures. Our firm levels the playing field by:

• Reviewing all loan documents and foreclosure notices
• Challenging any unlawful or improper lender actions
• Representing you in court and negotiations
• Exploring alternatives like loan modifications, short sales, or deed-in-lieu agreements
• Helping you stay in your home as long as possible—or avoid foreclosure altogether

Alternatives to Foreclosure: Paths to Stability

When foreclosure can’t be avoided completely, our firm helps homeowners pursue alternatives that minimize credit damage and financial disruption:

• Loan Modification – Restructuring the loan to reduce payments, interest, or principal
• Short Sale – Selling the home for less than the mortgage balance with lender approval
• Deed-in-Lieu of Foreclosure – Transferring the home back to the lender voluntarily
• Cash-for-Keys – Negotiating compensation in exchange for vacating the property
• Forbearance – Temporarily suspending or reducing payments due to hardship

Foreclosure FAQ

Q: Can I stay in my home during foreclosure?
A: Yes. You have the right to remain in your home until the foreclosure process is complete and legal eviction has occurred.

Q: Should I stop paying my mortgage if I’m seeking defense?
A: Not unless advised by your attorney. Ceasing payment can harm your case without a legal strategy in place.

Q: Can I still fight foreclosure after a sale date is set?
A: In many cases, yes. We may be able to delay or cancel the sale with emergency motions or by identifying legal violations.

Q: How long does the foreclosure process take?
A: This depends on the state, lender, and court schedule

Why Choose Us?

At the Law Offices of Michael Kuldiner, our real estate attorneys bring decades of combined experience in foreclosure defense and property law. We’ve helped hundreds of homeowners in Pennsylvania stay in their homes, fight unfair practices, and regain financial stability.

We believe every homeowner deserves a fair chance. If you’re facing foreclosure or struggling to make mortgage payments, don’t wait until it’s too late. The sooner you act, the more options we can pursue together.