Tucker Foreclosure Attorney
Are you behind on mortgage payments and at risk of foreclosure? The dedicated Tucker foreclosure attorneys at our firm can help you to avoid foreclosure. At The Strickland Firm, we know that many foreclosures result from unfair or unscrupulous bank practices, and as a result of disputes between a homeowner and a mortgage lender. We can help you fight to keep your home. There are a variety of options for defending against foreclosure, and an advocate at our firm can discuss your options with you today.
What is a Foreclosure in Tucker, Georgia?
Foreclosure is a legal term that refers to the process by which a bank or other lender will try to recoup money owed on an unpaid mortgage by taking the property and auctioning it off in a foreclosure auction. A foreclosure occurs when a homeowner has missed many payments on a mortgage loan, also known as defaulting on the loan.
There are a number of steps that must occur in the foreclosure process prior to the sale of a home. However, it is extremely important for homeowners in Tucker who are facing foreclosure to seek assistance from a Tucker foreclosure defense attorney as soon as possible. The further into the foreclosure process, the more difficult it may be to save your home.
How the Foreclosure Process Works in Tucker, Georgia
Under Georgia law, it is important to know that Georgia is a “non-judicial foreclosure” state. What this means is that a bank can foreclosure on your property without filing a lawsuit against you and without needing to appear in court. Non-judicial foreclosure states tend to make it easier for a lender to move forward with a foreclosure, but it is critical to know that an experienced Tucker foreclosure defense attorney can seek options to help you avoid foreclosure.
Tucker Homeowners Facing Foreclosure Have Rights
Just because Georgia is a non-judicial foreclosure state does not mean that homeowners do not have rights if they are behind are mortgage payments. If you concerned that you are facing foreclosure, you should know that you do have many different rights according to the laws relevant to Georgia homeowners, including but not limited to the following:
- 120-day pre-foreclosure period: You should know that your lender cannot, under most circumstances, begin the process of foreclosure until you are 120 days or more behind on your mortgage payment. To put that another way, you typically must be behind on your mortgage by four months or more before the bank can initiate a foreclosure. During this “pre-foreclosure” period, you may have a number of different options for avoiding foreclosure.
- Notice of foreclosure: You must be provided with a Notice of Intent to Foreclose by your mortgage lender at least 30 days prior to the sale of your home.
- Options for avoiding foreclosure: During the pre-foreclosure period, you may be able to obtain a mortgage modification or to work out a payment plan with your lender. In some cases, filing for Chapter 13 bankruptcy allows a homeowner to keep the house and to get back on track with mortgage payments.
Contact a Tucker Foreclosure Defense Attorney
The experienced Tucker foreclosure defense lawyers at our firm are dedicated to helping homeowners avoid foreclosure. Contact The Strickland Firm today to get started.