Feeling Pressure

Paying Mortgage, Bills

Behind on Payments

3 Months or More

Received Summons

Facing Foreclosure

Creditor Threats

Seek Consumer Defense

You’ve just received an official judicial court summons. You’ve been struggling for months to catch up with your bills, and you have fallen behind on your mortgage payments. You feel like you are drowning in debts, interest and late fees, and now you are about to lose your home. Could circumstances be any worse?

South Carolina is what is known as a “judicial foreclosure state.” That means that your mortgage lender is required under law to sue you in court to prove that they are entitled to foreclose on you. This actually is a good thing, because it means you are entitled to defend yourself before a judge.

The problem of course is that you are just one person, and the bank has tremendous resources and experience on their side. Banks foreclose unfairly on customers every single day. The reason that banks tend to win these cases isn’t always because they are right—often it is because homeowners lacks the legal resources, experience, and legal know-how to fight back.

And that’s where we come in.

If you are summoned to court by your lender, we can help you:

  • Choose the most effective strategy for contesting the foreclosure in the courtroom
  • If no actual default has occurred (this does sometimes happen), we can help you prove it
  • If you are eligible for mortgage modification, and your lender has denied you that recourse, we can dispute the lender’s assertion that you do not qualify
  • Represent you in negotiations with the lender
  • Inform you of your legal rights
  • Prepare your court case and make an impassioned defense on your behalf
  • Help you file for Chapter 13 or Chapter 7 bankruptcy to slow down or stop the foreclosure entirely

Questions and Answers

Q
Do I have to pay a fee to defend myself in court?
A No. The lender is the plaintiff in the case and is responsible for paying the $150 filing fee.
Q
Can filing for bankruptcy halt proceedings and save my home?
A Chapter 13 bankruptcy is an ideal option for many homeowners in default. This type of bankruptcy puts you under a reorganization plan which allows you to catch up on your mortgage and other bills, and does put a stop on your foreclosure. Chapter 7 bankruptcy includes a brief automatic stay which can delay proceedings for two to three months, and may be a good option if your situation is temporary and you know you could catch up quickly given a chance.
Q
Where is the burden of proof?
A You are innocent until proven guilty. In South Carolina, your lender must prove that you are actually behind on payments to foreclose on you. If we can prove that you have been subjected to unfair practices which infringe on your legal rights as a homeowner, we have a chance at stopping the foreclosure.

If you have received your judicial court summons, you are facing the decisive moment in your foreclosure crisis. This is the moment when the state will decide whether your bank has the legal right to eject you from your home. Without the defense of a passionate, experienced foreclosure lawyer, most of these cases are decided against the homeowner and in favor of the lender.

You owe it to yourself and your family to give yourself the best possible chance. We have saved numerous clients in your situation from losing their homes, and will fight aggressively on your behalf to protect your rights and the life you have built. Fill out the contact form below to book your FREE consultation. It is not too late to save your home from foreclosure!

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