When a foreclosure notice is posted on your door, you may feel helpless, hopeless and alone. You are not! You have the law firm of Gantz Associates, and we can help. At Gantz Associates, we’ve developed a highly successful approach, wherein we not only gather our clients’ financial and other personal information, but we also discuss our clients’ goals and future plans, in order to assess their situation as a whole, and formulate a plan tailored to fit their particular needs.
Unlike other firms contacting you in foreclosure, we do not recommend bankruptcy to every client. In fact, some clients want to stay in a school district, or save homes passed through generations. Others see crime, and no longer feel safe, but are concerned about debt following them. Others are retirees, downsizing an empty nest or living on reduced income. Regardless of your circumstances, there is a plan for you, including:
Chapter 13 Bankruptcy. For clients who wish to save their homes, and who have sufficient income and reasonable mortgage terms, but who simply cannot afford to pay the amount required to reinstate their mortgage, the plan will consist of a Chapter 13 bankruptcy repayment plan.
Chapter 7 Bankruptcy. For clients who are not emotionally attached to their homes, or simply cannot afford them, the plan will consist of a Chapter 7 bankruptcy, to eliminate the debt, and provide a fresh start.
Short Sale/Deed in Lieu of Foreclosure/Cash for Redemption. For clients who are not attached to their homes, or cannot afford them, but who don’t qualify for bankruptcy, for whatever reason, the plan will consist of a short sale, deed in lieu of foreclosure, or cash for redemption, enabling the client to walk away debt free, and often with a few thousand dollars from the bank.
Short Settlement. For clients who wish to save their homes, and who either have available cash reserves, the ability to borrow significant funds, or significant income that would render them eligible for short-term financing, the plan will consist of a short settlement, wherein the lender agrees to settle the entire mortgage account for a substantial discount. As but one example, we were recently successful in settling and discharging a client’s mortgage debt for just 60% of the total principal balance owing on the account.
Foreclosure Litigation. For clients with unreasonable mortgage terms, who are desperate to save homes either scheduled for or even already sold at public auction, the foreclosure prevention plan will consist of a lawsuit, with claims including:
- Authority to foreclose/failure of condition precedent. Is your servicer relying on a robo-signed Assignment? Was your loan properly placed into an asset-backed-security, per the “Pooling and Servicing Agreement”?
- Breach of contract/promissory estoppel/fraud/misrepresentation. Were you tricked into foreclosure, with promises of modification, only to have the rug pulled out from underneath you?
- Improper Amount Owed/Fraudulent Escrow. From payments put in suspense accounts, to forced escrows of property taxes and/or insurance, is your foreclosure based upon an improperly inflated amount due?
- Violations of the Michigan Statutory Modification Laws. Did you participate in the statutory modification process, and qualify for modification, only to have an illegal sheriff’s sale scheduled on your home?
- Tortuous Interference with Contractual Relations, Civil Conspiracy, etc. Have third parties in receivership with the federal government, such as Fannie Mae or Freddie Mac, or trustees for exotic asset-backed securities in which your loan was pooled and sold as an investment, such as Deutsche Bank or The Bank of New York, insisted that your loan servicer foreclose, instead of modify your loan, in order to achieve a bailout or to cash in on a private mortgage insurance policy or sweetheart deal with the FDIC?
You may be thinking: “Sounds great, but how can I pay a lawyer when I can’t pay my mortgage?” If you are willing to entrust your home to us, we will figure out a way to work with you! Call us now, at (248) 987-6505, to formulate your plan.