Michael D. O’Brien & Associates, P.C. provides effective foreclosure defense counsel with the goal of helping struggling homeowners throughout the Portland and Bend, Oregon . Our attorneys understand that the threat of foreclosure is difficult to face. However, proactively assessing your loan documents and realistically addressing your debt situation may allow you to stay in your home.
In addition to searching your loan documents for any compliance issues, our attorneys will assess your overarching financial situation to determine your best options for fighting foreclosure. This will help maintaining stability in the interim. Challenging foreclosure generally affords you valuable time to pursue alternatives, such as:
- Seeking a mortgage modification or principal write-down
- Negotiating a workout with your lender
- Catching up on arrears and reinstating your mortgage
- Arranging a short sale or deed in lieu of foreclosure
- Filing for Chapter 7 or Chapter 13 bankruptcy
Our attorneys will thoroughly discuss a foreclosure defense strategy with you so that you will get the most favorable course of action to resolve your situation. In all cases, we work to shift the bargaining position in favor of our clients, while managing expectations and maintaining realistic goals. If necessary, we will file a lawsuit in state or federal court to obtain a temporary restraining order (TRO) stopping the foreclosure.
Michael D. O’Brien & Associates, P.C. provides effective foreclosure defense counsel with the goal of helping struggling homeowners throughout Oregon. Our attorneys understand that the threat of foreclosure is difficult to face. However, proactively assessing your loan documents and realistically addressing your debt situation may allow you to stay in your home.
Taking a Stand against Improper Lending Practices
Across the country, legislators and courts have taken issue with improper lending practices, such as robo-signing and predatory lending. Oregon is on the cutting edge of this movement, completely stopping foreclosure actions if lenders failed to follow requisite procedures at the time a loan was issued or transferred. Our first step in preparing a foreclosure defense is to conduct a legal compliance analysis. We will check with County Records to make sure recordings and assignments of a loan were properly completed and filed in accordance with Oregon law. Such investigation may uncover an available affirmative defense to foreclosure, such as:
- Predatory lending practices
- The existence of a modification scam
- Violations of the Truth in Lending Act (TILA)
- Unfair debt collection practices
If we determine that there may be an error in a mortgage account, our attorneys have experience making ‘qualified written requests’ under the Real Estate Settlement Procedures Act (RESPA). Lenders that receive a qualified written request are required to either correct the error or provide a written explanation as to why the lender believes the account is correct. If the lender fails to comply with the request, you may be entitled to actual damages, up to $1000 of additional damages if there is a pattern of noncompliance, costs, and attorneys’ fees.
Seek Experienced, Sophisticated Representation
Our firm is sensitive to the mental and emotional strain caused by financial worries, especially when your home is in jeopardy. If you face foreclosure, please contact Michael D. O’Brien & Associates, P.C. for supportive, discreet legal guidance. We offer free initial consultations on most matters.