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Can We Stay in our House Even After a Foreclosure?

Posted on Apr 9, 2014 in Foreclosure - Saving Your Home

With the help of Lakelaw’s foreclosure defense attorneys, the answer could be yes.  Just a few days ago, our client was within days of eviction. Her foreclosure case had been pending for almost three years. When her husband became terminally ill, he couldn’t work and he fell behind on the mortgage.

Our client’s husband died.  Our newly widowed client couldn’t focus a foreclosure – she was distraught. Eventually, the lender was granted a judgment and held a “sale” of the property.  There were no outside bidders so the property went “back” to the lender.  The lender then moved to evict our widow.

Our client tried to get money to buy the home from the lender so she and her children wouldn’t have to move. But she never did anything to try to stop the eviction.  She finally came to Lakelaw on a Tuesday afternoon and said she was to be out of the house by Thursday. The Sheriff was coming to move the client and her family if they were not out by mid-morning. In a whirlwind of activity, we prepared an appearance in her eviction case, had a motion to stay the eviction presented to the court, and scheduled an emergency hearing for Wednesday afternoon.

We explained to the court that the eviction should be stayed to allow the bank to review her loan application. The judge was reluctant, but gave us time to confer with the lender for the status of the application. We got the lender to agree to agree to halt the proceedings against our client. The Court ordered that the eviction be stayed. We later checked with the Sheriff who understood that our client was not be forcibly removed from the property.

Happily, we helped our client get a positive outcome. She would not have been able to prevent the forced eviction without getting legal help. It is rare for such a positive outcome to in such a short period of time; having less than 40 hours to prevent an eviction is a less than ideal situation. One moral of this story should be that a potential client should seek legal assistance as early as possible when seeking a resolution to a problem. Another is to not give up hope even in a precarious situation.

When all hope is lost, call us at Lakelaw.  We’re at 847 249 9100 and will take calls 24/7.  We frequently can help you when nobody else will even try.


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