Bankruptcy / Foreclosure
Making the decision to file for bankruptcy is one of the toughest decisions you will ever make. Most people fully intend to pay all of their debts and view bankruptcy as a last resort. We can help you explore all of your options and make sure that bankruptcy is necessary before you decide to file. If there are other options available, we will help you work through those options. However, if bankruptcy is the right move for you, we will take you through the process step-by-step, handling your bankruptcy in the most professional, efficient, and time-sensitive manner possible.
What other options might be available?
There are a number of options. The first step is a review of your finances to determine what steps can be taken. Depending on your circumstances, we may be able to:
- use foreclosure defenses instead of filing for bankruptcy;
- negotiate with creditors to reduce or eliminate interest and/or penalties;
- renegotiate payment plans;
- negotiate settlements prior to bankruptcy;
- explore creditor violations or credit and collection laws; and as a last resort, file for bankruptcy protection.
Foreclosure defense is a relatively new area of the law. Although it has not been used extensively in Tennessee, foreclosure defense litigation has been used very effectively in many other states. Some of the arguments used in other states may not be available in Tennessee, but if you are facing foreclosure, there may still be options available to you.
Mortgage lending has become a volume business and it is rare that the bank or mortgage company that originated your mortgage still owns it. Most mortgages have been sold, often multiple times. All those layers of sales and servicing companies mean that the company trying to foreclose on your mortgage may not be the right company to do so. As a result, there are several ways to challenge the foreclosure and make the company prove it has the right to foreclose. In Tennessee, that generally requires you to file a lawsuit and compel the mortgage company to produce the right documents to prove its right to foreclose.
If you have already received a foreclosure notice, you need to explore all your options for keeping your home. In either case, the earlier you contact a foreclosure defense attorney, the more options you have. In many cases, there are legal options to help you keep your home, renegotiate your mortgage, or delay the foreclosure to allow sufficient time to make proper arrangements. The types of options that could be available are:
- delaying the foreclosure;
- forcing the lender to renegotiate the payments;
- getting penalties and/or fees reduced or eliminated;
- challenging the lender’s right to foreclose;
- challenging the loan itself; and
- filing for bankruptcy.
How does the process work?
Whether you need help with a bankruptcy, foreclosure, or just to explore your options, we will set up an initial consultation to discuss your current circumstances. The initial consultation is free.
We never push a client (or potential client) toward a particular option. Rather, we will be happy to discuss the options to let you take control of your own situation. If you decide to proceed, we will come up with a plan of action, a timeline for that plan, and an affordable payment schedule. Generally, we use flat-fee arrangements whenever possible and let you know upfront what to expect with fees and expenses.
The Cain Law Firm is a federally recognized debt relief agency. We help people file for bankruptcy under Title 11 of the United States Code.