Foreclosure Defense Attorneys in Phoenix
Client-Focused Legal Team with 20+ Years of Experience
At The Gavel, we don’t work like other bankruptcy firms. We don’t take a cookie-cutter approach, and we don’t treat each case like just another number. Through 20 years of experience handling bankruptcy cases, we understand that bankruptcy comes with many other issues, like harassment from collectors, massive debts, and the threat of foreclosure. We are prepared to handle it all.
After your free consultation with one of our Phoenix bankruptcy lawyers, we will personally and frequently contact you throughout the duration of your case. We take the time to answer all your questions, provide you with important updates, and make sure you understand your options.
Your Foreclosure Defense Options
The prospect of losing your home is enough to keep anyone awake at night, especially if you have family members depending on you. Whether you are already in the process of foreclosure or are being threatened with foreclosure, you need an experienced representative on your side. At The Gavel, we understand how mortgages, foreclosures, and debt collections work, and we are prepared to use that knowledge to your advantage.
For example, there are a few issues we may be able to expose and, as a result, delay or prevent foreclosure. These issues include:
- Serious violations of local, state, or federal regulations on foreclosure by the loan holder
- Attempted foreclosure by a party other than the loan holder
- Inability of the bank or other loan holder to produce the promissory note and prove that it owns your mortgage
- Errors made by the mortgage servicer, such as misstating the amount owed, foreclosing upon you while allowing you to undergo other foreclosure avoidance measures like debt restructuring, levying unreasonable or unlawful fees against you, or wrongfully allocating your mortgage payments elsewhere
We provide free consultations, both in person and over the phone. We are also prepared to provide same-day appointments when possible. Speak with our skilled legal team today by calling The Gavel at (602) 560-4679 or contacting us online.
How Bankruptcy Can Stop Foreclosure
If none of the above defense strategies are possible, you may consider filing bankruptcy. Every type of bankruptcy triggers the automatic stay, which is a court order preventing creditors from initiating or continuing collection actions--including foreclosure.
Unfortunately, bankruptcy does not discharge secured debt, which includes mortgages. However, the automatic stay can give you the time you need to restructure your finances and come up with other solutions. Many people use Chapter 13 specifically to spread out missed mortgage payments over the course of their 3-5-year plans. Alternatively, if you are a small business owner, you may be able to use Subchapter V of Chapter 11 to modify the mortgage on your principal residence (if you took out this mortgage solely for business purposes).
Let’s Work Together to Rescue Your Home
Whatever you do, don’t concede your home or file any form of bankruptcy before meeting with one of our highly skilled foreclosure attorneys at The Gavel. You need a skilled legal advocate to conduct thorough research on your behalf and detect any errors by the foreclosing parties. If discovered, such mistakes can play in your favor by protecting your assets and giving you more time to decide how to resolve your debts. If no such errors exist, we can explore all other options at your disposal.
At The Gavel, we have been practicing bankruptcy law for more than 20 years, and we are prepared to offer you the level of attentive, personalized legal service that you can’t get from a larger firm. All our clients receive in-person meetings with our Phoenix bankruptcy attorneys, as well as regular updates on their cases and trustworthy advice at every turn.
Many people receive notices of intent to foreclose and believe that losing their home is inevitable. With qualified support, however, you will have access to all legal protections at your disposal. Both foreclosure laws and the Bankruptcy Code are designed to protect homeowners and debtors just as much as they protect lenders and creditors. With 20+ years of experience, our skilled legal team knows how to work these laws to your advantage.
If you are facing foreclosure, you have no time to waste. Call (602) 560-4679 immediately and schedule an in-person or phone appointment with our dedicated team.