Ballwin, Missouri Foreclosure Defense Attorney Uses Legal Strategy to Help Clients Avoid Foreclosure

Missouri Foreclosure Defense Law Firm Experienced in Defending Homeowners Against Foreclosure

In Missouri and throughout the U.S., foreclosures must follow a series of rules and regulations that are in place to protect both the homeowner and the mortgage holder. Even though a bank or lender has the right to foreclose on a defaulted loan, the homeowner also has the right to reasonable and fair treatment, and the right to challenge the foreclosure by means of foreclosure defense.

What is Foreclosure Defense?

Foreclosure defense is attempting to avoid a foreclosure through the use of legal strategy. Not all foreclosures that take place follow federal and state laws, and in circumstances of legal noncompliance, a foreclosure can possibly be stopped or delayed through negotiation with the lender or by challenging the legality of the foreclosure in court.

Although not all foreclosure cases qualify for a foreclosure defense, many of them do, according to the following legal defenses:

• The terms of the mortgage were excessively unfair to the homeowner, so much so that the mortgage can potentially be declared unconscionable.
• The homeowner cannot be held liable for the foreclosure because it resulted from an error on the part of the lender, such as the failure to provide proper notice or failure to wait for a response from the homeowner.
• The lender failed to use reasonable terms in the mortgage contract as required by fair lending laws.

If you are facing the possibility of foreclosure in Ballwin, Missouri, Attorney James B. Day understands the foreclosure process, and can mount an effective defense for you. Contact The Law Office of James B. Day, LLC online or call 314-786-1218 to schedule your free, no-risk initial case evaluation today.