Foreclosure Defense | brucebroyleslaw

If you are behind on your mortgage payments or have had a foreclosure complaint filed against you, you need to hire an attorney. There are a number of excellent resources on the internet to help guide a person through the legal process. However, if you do not have years of experience in civil litigation, then you are not prepared to represent yourself in the Court. If you review the case of Bank of America vs. Duvall Ohio Supreme Court case No. 20011-218, and the amicus brief that I filed in that matter you will quickly learn that the arguments made by pro se litigants often fail.

These arguments did not fail because they were wrong or lacked merit. These arguments failed because they were not properly or timely presented, and the arguments were not supported by the proper evidence.

The Bank will file the pleadings properly and timely. However, there are gaps in the pleadings and evidence that may prevent the Bank from prevailing. By forcing the Bank to litigate the foreclosure complaint to a conclusion at a trial, you may be able to negotiate a loan modification that is reasonable and affordable. I have the necessary experience in civil litigation to obtain discovery from the Banks and defend the complaint, oppose a motion for summary judgment, and prepare for and participate at trial. I have seen Banks make considerable movement in their settlement positions as the case progresses towards trial. In the modification process involving only the unrepresented Homeowner, the Bank's offer is on a take-it-or-leave-it basis and the Homeowner is made to feel that he or she should be grateful for the Bank extending any offer at all. You need to hire an attorney who will treat the foreclosure complaint like real civil litigation.

It would be inappropriate to suggest any sort of guaranteed results. I believe a Homeowner using an attorney has a much greater chance of negotiating a more favorable outcome.

You are struggling to pay your mortgage so you assume that you cannot afford an attorney. We have a flat fee structure so you will know the entire amount that you will be asked to pay, and we have payment plans that allow you to pay your attorney fees over an extended period of time.