McArdle Legal Experts Help You
Fight Back
Most homeowners are unaware of their rights when facing foreclosure or eviction following foreclosure. The banks make efforts to keep it that way. Learn your rights to have a chance of successfully fighting back!
Rescind Your Foreclosure
Your lender, mortgage servicer and/or the foreclosing attorneys can make procedural errors or may completely lack valid title to your home. This results in an unlawful/invalid foreclosure. Find out if that’s the case!
Learn Of The Avenues Of Relief
We have dealt with every scenario in the foreclosure realm. That guarantees we can provide avenues of relief at any step in the process. Let’s minimize the damage. It is never too late!
Postponing Foreclosure Auctions
We have developed several strategies to postpone and/or cancel the auction date of our Client’s pending foreclosure, although the specific strategy for each case may be different. The avenues can be as easy as a phone or Email communication with the foreclosing bank/servicer’s legal counsel. We have longstanding working relationships with all the firms who practice in this area and typically deal with the same attorneys on all related matters in the foreclosure field.
The avenue could also entail legal action via an injunction/temporary restraining order through the court system to postpone the auction date. It is important to understand that Massachusetts is a non-judicial foreclosure state, meaning your Lender can foreclose without obtaining authorization from a court because your Lender can simply exercise its rights to foreclose directly through your mortgage contract if you have defaulted on the specific mortgage terms. This is important because you do not lose your rights to challenge the foreclosure, the bank’s title, or your right to lawfully continue to possess your Property even after a foreclosure has occurred.
It is a huge misconception that the banks have utilized to force unwary homeowners out of their homes. You maintain the LEGAL RIGHT to POSSESSION of your home EVEN AFTER foreclosure and do not have to vacate your home until you have your day in Court and a judgment is obtained against you. This is a reason that postponement is not always that crucial as you can still assert your rights after a foreclosure has occurred. McArdle Law will provide you with an in-depth analysis of this situation and what avenues are available in your particular case, whether pre or post-foreclosure.
Loan Modification Defense &
Loss Mitigation Options
If your loan qualifies as a “certain mortgage loan” as defined under Massachusetts law, you have a right to be properly considered for alternatives to foreclosure, such as loan modification. If you have made efforts to obtain a loan modification but are unsuccessful and a court determines that your treatment during the process was “fundamentally unfair”, which seems to happen all too often, that alone can be reason to invalidate a foreclosure and give you a renewed opportunity to keep your home.
We have qualified professionals who are dedicated to assist you in the loan modification process if the same has become overwhelming for you on your own. We also have a dedicated team of short sale specialists, who can assist you if your loan is underwater and you would like to take advantage of the opportunity to sell your house prior to foreclosure but otherwise could not because you owe more on your loan than your home is worth.
Challenging Bank Foreclosures & Rescinding Unlawful Foreclosures
90% of our Firm’s practice is challenging the legality of foreclosures and attempting to unwind wrongful foreclosures. We have a team of dedicated attorneys that have battled and continue to battle toe to toe with the big banks and their attorneys in efforts to even the playing field in an area of the law that has previously been dominated by big banking interests and influence.
We have been consistently successful in providing relief for our clients and have developed several avenues to obtain such relief. Although there are many homeowners facing similar difficulties surrounding the foreclosure process, no two cases are the same and each strategy is developed according to the particular needs of each client.
Come in for a free one hour consultation and you will leave feeling reassured and knowing exactly what your legal rights are and how those rights can be properly pursued to your benefit. We will not sell you a dream of obtaining a free home, although that level of relief is attainable in rare circumstance, and will be brutally honest with the strengths and/or shortcomings of your particular case as we see them.
*Warning!
Please, be aware that there are many foreclosure rescue scams and even attorneys who claim to be specialists in this area of the law. Do your research and consult multiple firms before deciding to get assistance, especially if significant upfront fees are requested.
We get clients that have lost thousands and even tens of thousands of dollars in pursuit of competent assistance in this area of the law. You will also likely get legal advice consistently directing you towards bankruptcy.
Contact us for a free consultation prior to filing for bankruptcy as, at times, it can benefit your particular situation, but many times it does not, and can actually provide an obstacle that is difficult to overcome in future legal pursuits regarding your home.
This Is What We Excel At
- Postponing Foreclosure Auctions
- Restraining Orders & Injunctions To Stay Foreclosure Auctions
- Challenging Bank Foreclosures & Rescinding Unlawful Foreclosures
- Post-Foreclosure Summary Process Evictions
- Violations Of The Truth In Lending Act, Massachusetts Consumer Credit Cost Disclosure Act, Real Estate Settlement & Procedures Act, And Chapter 93A
- Settlement & Negotiations
- Appeals
