Hendricks County, Indiana Attorneys Will Defend Your Property Against Foreclosure

Facing Foreclosure? Indianapolis Law Firm Offers Strong Defense

Courts are becoming more and more sympathetic to challenges to foreclosure actions and as a result, many different types of defenses to foreclosure are successfully being raised. If you are in danger of losing your property to foreclosure, call Saeed & Little LLP of Indianapolis to explore ways that you can deal with a financial crisis without giving up your home.

Defenses to Foreclosure

There are many different types of defenses that can be raised against foreclosure actions, but the following are some of the most common:

• Unconscionable mortgage terms existed. This means that the terms of the mortgage or circumstances surrounding it are so unfair that they "shock the conscience of the judge." It is usually not enough just to claim that the foreclosure is unfair; you will have to come up with evidence to defend your position.
• Homeowner is active duty service member. If the homeowner is on active military duty, the Service Members Civil Relief Act, or SCRA, will protect him from foreclosure if he took out the mortgage before going on active duty. According to the provisions of the SCRA, the foreclosure must take place in court even if foreclosures in his state of residence typically take place out of court. If foreclosure is initiated while the service member is on active duty, he can receive a postponement of the proceeding through a written request to the court.
• Foreclosing party didn't follow proper procedures. In some instances, the foreclosing party will fail to follow state procedural requirements for bringing a foreclosure action and if that happens, the homeowner may be able to challenge the foreclosure. If the challenge is successful, the court will issue an order requiring the foreclosing party to start the process over again.

We'll Help Defend Your Property Against Foreclosure

If you live in Danville, Brownsburg, or Plainfield, Indiana and need legal advice regarding foreclosure defense, contact the law firm of Saeed & Little LLP of Indianapolis – we'll provide the perspective you need. You can contact us online, or call 317-685-2426 to schedule your free initial consultation with one of our experienced attorneys today.