I was recently involved in a car accident. Unfortunately, since it was my first accident, I was scatter-brained and anxious. What I did not realize at the time was that the actions you take immediately after the accident can affect a personal injury case and the outcome of that case. I wanted to find a way to share my experiences and mistakes with other. Since the Internet is so popular, I figured this would be a great way to do so. While you likely aren't planning on being in an accident soon, if you are, hopefully you remember some of the tips I share on this website.
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Foreclosure Defense Lawyer: COVID Exemptions
Yvonne Russell
The COVID-19 pandemic has been far more than just a public health crisis. If you've found yourself behind on your mortgage, a foreclosure defense lawyer can advocate for leniency and exemptions to buy you more time to get back on your feet.
Here are some of the tactics a foreclosure defense lawyer might use during the COVID-19 crisis.
Paper Jam
Foreclosures can't be enforced until all of the legal motions involved with the case have been settled. Although these motions vary depending on where you live, foreclosures can't be completed until the bank has filed all of the necessary paperwork.
- Appeal and Contest: A foreclosure defense lawyer can delay the process by filing appeals and contesting decisions in court. Simply fighting back can result in a series of court dates that significantly slow down the foreclosure process. This has been particularly true in municipalities where courtrooms have been shuttered due to COVID-19 concerns. As your bank files foreclosure paperwork, your lawyer can file motions that contest and appeal them at every turn.
COVID-19 Exemptions
If you're one of the millions of Americans who've lost their jobs during the COVID-19 pandemic, there might be special exemptions that can protect you from foreclosure.
- CARES ACT: The Coronavirus Aid, Relief, and Economic Security Act passed by Congress (CARES) put a moratorium on foreclosures. This moratorium was designed to protect homeowners who are struggling to pay their bills from being rendered homeless during the COVID-19 pandemic. Although this moratorium has technically expired at the federal level, courts in a variety of municipalities have continued to order stays of execution of foreclosure orders. Your foreclosure defense lawyer can petition the court to consider the circumstances that led to your financial struggles. For instance, if you and/or the primary income earner in your household lost their job or you've suffered significant medical hardship, your foreclosure defense lawyer can enter these as evidence in your case. If you've filed for unemployment insurance and can produce a detailed financial history to back up your claims, your foreclosure defense lawyer might be able to buy you significant time.
Mortgage Agreements
Your mortgage agreement might be the most powerful document in your foreclosure case. If your foreclosure defense lawyer is able to find weaknesses in the provisions for triggering a foreclosure, your bank may not be able to foreclose on your home.
To learn more about your options, contact a foreclosure defense lawyer in your area.
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