How to Prepare for Your Foreclosure Case
The three most important things you can do to prepare for your case are: 1) consider your objectives, 2) keep all the documents pertaining to your case secure and together, and 3) keep excellent telephone call logs of everyone at the company that you speak to.
Keeping all the documents secure is important, especially in foreclosure actions, because some defenses only arise when your lender does not provide certain disclosures to you. Keeping your documents together and secure in one location enables us to more effectively argue that you were not provided the necessary disclosures. If your documents are not secure, or mixed in with other documents, this argument becomes more difficult.
There can be multiple claims and defenses in any lawsuit based on telephone calls with the company or lender. These claims or defenses can range from breach of contract to fair debt collection practices, and have the potential of generating substantial damages for you. Therefore, it is critical that you keep detailed call notes for every telephone call you have with the company. The call log should include the following items: 1) Date, 2) Time, 3) Name of each person you spoke to, and 4) What they told you and what you talked about. The call log should be a notebook or spiral binder that holds each page in permanently place.
Keeping documents secure and maintaining call logs are secondary to the most important thing you can do to prepare for your case, which is to consider your objectives or goals – especially if defending foreclosure.
If you are facing foreclosure, talk to us at by calling (614) 944-5219 today. Or schedule your appointment online!
Thinking about your goals is important because how we proceed with litigation depends on what you want to get out of putting up a fight. In a foreclosure action, are you interested in getting all your money back even if it means giving up the home, or are you interested in modifying the loan to remain in the property? Alternatively, are you looking for additional time to find alternative housing, or are you just looking to avoid hurting your credit or owing a deficiency to the bank? Are you interested in justice for the company’s wrongdoing, or are you trying to avoid further harassment?
We can help you work through your goals, but having a general idea of what you want to do before meeting with us is helpful for us to shape how we litigate your case. Deciding on goals are important because someone looking to work-out their loan with a lender, for example, might not want to put up a vigorous foreclosure defense if it means the lender will potentially be adding greater fees to their loan. These homeowners might want to just prolong the foreclosure long enough to secure a favorable modification, versus ensuring every stone is uncovered. However, some other homeowners will want to make the bank to prove every aspect of its right to foreclose, exploring every defense avenue possible. They may not be as worried about the costs they incur, instead focusing on pursing all claims and staying in the home as long as possible.
When considering your objectives, here are a few important things about Ohio law that might be helpful to know: First, deficiency judgments are void after two years, and second, retirement accounts are generally safe from debt collectors. Also, in Ohio, a bank is not entitled to recover their attorney’s fees from you if the foreclosure is ordered by the judge, even if they have put a lot of work into the foreclosure case. However, a bank may require you pay its attorney’s as part of a modification or settlement that is agreed to between you and the bank (although we will always work to avoid those costs being charged to you).
Our objective will always be to serve your goals, and we are happy to help you hone in those by giving you an idea of the claims and defenses available to you in your action, whether it be foreclosure defense or consumer protection.
Please contact us today about your case by phone at (614) 944-5219 or by using our easy online scheduling form!