The type of foreclosure used depends on the options afforded by the state’s foreclosure laws and the specific circumstances of the case. Understanding Kentucky Bankruptcy Lawyer whether your foreclosure is judicial or nonjudicial is essential, as it affects the timeline and legal requirements involved. Kentucky is a judicial foreclosure state, which means that foreclosure cases go through the court system and the lender must file a lawsuit to foreclose on the property. The court will attempt to determine the circumstances surrounding the default through in-court hearings and documents filed by the homeowner and lender.

Bowling Green Foreclosure Defense Lawyers

Any bankruptcy is less damaging to your credit than a foreclosure. If you file bankruptcy and get a discharge you can buy a home within two years after a discharge. If you have a foreclosure it will be from 3 to 7 years you will have to wait before you can buy another home. Some of my Chapter 13 clients were able to refinance or purchase a home after making on-time payments for a year inside their bankruptcy.

An Entry of Appearance (EOA) files with the court and the bank’s attorney at the start of the case. With that, all of the subsequent court notices go to your foreclosure attorney. At that point, you shouldn’t be negotiating with the bank or their attorney. Litigation and defending the foreclosure in state court or in Chapter 13 bankruptcy in federal court, is possible. It is the role of your attorney to provide an overview in detail of the advantages and disadvantages so that you can make the right decision.

Mortgage creditors regularly turn to the experienced legal team at McBrayer. With law offices in Lexington and Louisville and a government relations practice in Frankfort, we serve clients throughout Kentucky and the United States. Our Fayette County foreclosure attorneys are committed to providing each of our clients with a high level of personal service and knowledgeable representation.

Best Foreclosure Lawyers In Louisville, Ky

He counsels MDK’s mortgage clients in all aspects of their default portfolios, collaborating every step of the way. Sections 702 and 703 of the PTFA require the tenant to be given the notice to evict “at least 90 days before the effective date of such notice. Even if the lease is month to month, the requirement is still a 90-day notice.” Bank of N.Y. Mellon v. DeMeo,254 P.3d 1138(Ariz. App. 2011), published and unanimous decision. Bank National Association  ••confusing (language)” is “ineffective for the purpose of the PTFA”. Furthermore, any motion for possession is premature if it is filed before the expiration of the PTFA notice period.

What Does Our Foreclosure Attorney Do To Help You?

Many for-profit companies will contact you promising to negotiate with your lender. As we mentioned earlier, bankruptcy is a valid solution for preventing lenders from foreclosing on your home. When you file for bankruptcy, this stops the foreclosure process in its tracks. You have the benefits of the automatic stay, which prevents your creditors from harassing you, from attempting collections, and from foreclosing on your home. Our foreclosure lawyers are here to help you find a foreclosure alternative that works for your individual situation.

The property remains in your name until the deed is out of your name. Foreclosure may be a dramatic and emotional moment for your family. A qualified foreclosure attorney can offer professional advice, solutions, and provide security. Knowing that you are in good hands will help you get through the process more efficiently.