Honolulu Foreclosure Defense Attorney
Protecting Homeowners from Foreclosure
If you are facing foreclosure, you are not alone. In fact, more than 1 in 10 homeowners in the United States have experienced foreclosure. If you have fallen behind on your mortgage payments and your lender has initiated foreclosure proceedings, you need to act quickly to avoid losing your home.
With Donald L. Spafford, Jr., Attorney at Law at your side, you can take comfort in knowing that you have an experienced Honolulu foreclosure defense attorney fighting for you. We have been protecting the rights of homeowners in Hawaii for more than 30 years. When you hire us, you can be confident that we will do everything possible to help you keep your home.
Contact us today at (808) 698-6277 for a free consultation. We also serve clients in Kahuku, Kaneohe, and Mililani.
What Is Foreclosure?
If you are at risk of losing your home, you may have questions about what foreclosure is and what it means for you. Foreclosure is the legal process that allows a lender to take back a property that the owner is unable to pay for.
To begin the foreclosure process, your lender will serve you with a notice of default, which will inform you that you have failed to pay your mortgage or other loan payments on time. You will then be given a specific amount of time to bring your account current or to sell the property and pay off the loan.
If you fail to meet the requirements, your lender will then send you a notice of foreclosure, which will give you a specific time frame to either sell the property or to pay off the loan. If you fail to meet this requirement, your lender will be able to take your home through foreclosure.
The foreclosure process can be difficult to navigate, especially if you are dealing with a mortgage company that is not being cooperative. However, you can take comfort in knowing that we have handled thousands of cases and have successfully helped our clients save their homes.
The process begins when your lender sends you a "notice of default," which informs you that you have failed to make a mortgage payment on time. You will then be given a specific amount of time to bring your account current or to sell the property and pay off the loan. If you fail to meet the requirements, your lender will then send you a "notice of foreclosure," which will give you a specific time frame to either sell the property or to pay off the loan. If you fail to meet this requirement, your lender will be able to take your home through foreclosure.
The foreclosure process can be confusing, and it can be difficult to navigate on your own. However, when you have an experienced Honolulu foreclosure defense attorney on your side, you can take comfort in knowing that we will do everything we can to help you keep your home.
How We Can Help You Save Your Home
If you are facing foreclosure, you may be feeling hopeless. However, there are several ways that we can help you avoid losing your home. If you are at risk of foreclosure, we can help you explore your options.
Some of the options that we can discuss with you include:
- Modifying your loan
- Repayment plan
- Short sales
- And more
If you are at risk of foreclosure, you need an experienced Honolulu foreclosure defense attorney on your side. We can help you explore your options and help you determine what the best course of action is for you.
Chapter 13 for Foreclosure Defense
Chapter 13 bankruptcy can be utilized as a foreclosure defense strategy to help homeowners protect their homes from foreclosure. Here's an overview of how Chapter 13 works for foreclosure defense:
- Automatic Stay: When you file for Chapter 13 bankruptcy, an automatic stay goes into effect. This stay halts all collection actions, including foreclosure proceedings, providing temporary relief and giving you time to reorganize your finances.
- Repayment Plan: In Chapter 13, you propose a repayment plan to the court, detailing how you will repay your debts, including any arrears on your mortgage. The plan typically spans three to five years, allowing you to catch up on missed payments gradually.
- Foreclosure Arrears: Chapter 13 enables you to include your past-due mortgage payments (arrears) in the repayment plan. This allows you to repay the arrears over time while staying current on your ongoing mortgage payments.
- Debt Reorganization: Alongside mortgage arrears, Chapter 13 helps you reorganize your other debts, such as credit cards, medical bills, and personal loans. The repayment plan consolidates these debts, making them more manageable within your budget.
- Protection of Home Equity: Chapter 13 provides an opportunity to protect your home equity. If the value of your home exceeds the outstanding mortgage balance, you can retain your home while repaying the arrears and other debts through the repayment plan.
- Compliance and Completion: To successfully defend against foreclosure, it is crucial to adhere to the terms of your Chapter 13 repayment plan. Making regular payments and fulfilling your obligations under the plan are essential to completing the bankruptcy process and retaining your home.
It's important to consult with a bankruptcy attorney who specializes in Chapter 13 to assess your specific situation, evaluate the feasibility of a Chapter 13 plan, and determine the best course of action for defending against foreclosure.
How Our Foreclosure Lawyers Can Help
At Donald L. Spafford, Jr., Attorney at Law, we have helped countless homeowners throughout Hawaii. We understand how stressful and overwhelming it can be to face foreclosure. However, you do not have to go through this process alone. We are here to help you.
Our firm has been helping homeowners throughout Hawaii for more than 30 years. We have the knowledge and experience necessary to help you save your home. When you hire us, you can be confident that we will do everything possible to help you keep your home.
To learn more about how we can help you save your home, contact us at (808) 698-6277 or contact us online. We also serve clients in Kahuku, Kaneohe, and Mililani.
At the Honolulu offices of Donald L. Spafford, Jr., Attorney at Law, we have counseled individuals and businesses for over 40 years. We handle a broad range of legal issues for small businesses on the island, from business formation to commercial litigation. We place a high priority on customer service and affordable rates. Contact us today, to help end your bankruptcy issues.Contact Us