Nothing is more important to most of us than home and family. The thought of losing our home and causing our family distress can be extremely upsetting. Foreclosure, though not as uncommon as you may think, carries a stigma in our culture, meaning that if your home is foreclosed you will have to bear humiliation as well as all the difficulties associated with moving. Fortunately, if you live in northeastern Arkansas, you can rely on the Law Offices of Bryce Cook, PLC. Bryce Cook is not only an accomplished foreclosure attorney but also a kind and compassionate who will give you the personal attention you need and deserve. Out of our offices in Jonesboro, we serve clients throughout Craighead and other surrounding counties, such as Greene, Mississippi, Clay and Crittenden. We have a track record of successful outcomes and are eager to help you avoid wrongful foreclosure.
Reasons You May Be in Danger of Foreclosure
You may be threatened with foreclosure for a number of reasons, including that the bank is acting for unjustifiable reasons. Commonly, people get into trouble with their mortgage loans due to:
- Adjustable rates on their loans
- Balloon loans
- Credit card debt
- Medical expenses and illness
- Sudden relocation without time to sell the property presently owned
Even if proving wrongful foreclosure seems unlikely, we will clarify your other options, such as declaring bankruptcy or giving your house back to the bank, a process known as “deed in lieu of foreclosure.”
Ways to Challenge Wrongful Foreclosure
There are several grounds that can be used to fight a wrongful foreclosure process and you can be sure that Bryce Cook knows them all. Generally speaking, we have to prove that the bank has miscalculated your financial delinquency or that it is intentionally targeting you for some other reason — in other words, we can question their grounds for foreclosure.
We can then protect your property by filing a legal motion to stop the sale of your home. You should also be aware that if you become able to settle the debt, including legal and late fees, you can stop the foreclosure even after the auction, but before the title of your property is transferred.
At Bryce Cook, we check carefully to see whether any of the following errors have occurred, giving us justifiable grounds for a wrongful foreclosure lawsuit:
- Your bank has misreported any details of your case
- Your bank has failed to send you a properly formulated pre-foreclosure notice
- Your bank has failed to inform you of your rights
- Your bank has failed to have documents properly signed and notarized
- Your bank has provided you with mistaken or ambiguous information
- The bank is guilty of a conflict of interests or bad faith, demonstrated by their modification of mortgage terms without proper grounds, their failure to meet with you for requested negotiations, of their failure to provide you with necessary financial information
What Our Wrongful Foreclosure Attorney Can Do for You
In order to fight against wrongful foreclosure, it is essential to have a sharp foreclosure lawyer who has comprehensive knowledge of the law and is capable of carefully examining the details of your case in order to strategize the best way to respond. At the Law Offices of Bryce Cook, we have the ability to discover any errors in reportage, documentation, or process that will invalidate the evidence against you.
We will work tirelessly to add you to our list of well-satisfied clients. If you feel the walls of foreclosure closing in and are receiving threatening letters accusing you of being an “unlawful detainer,” don’t spend another minute worrying. Contact our offices promptly. We will do everything possible to keep you and your family safe in your home. Knowing how hard it is for a single borrower to fight a large powerful financial institution, we will provide you with the leverage you need to win your case.
How Foreclosure Works in Arkansas
According to federal law, in most cases a lender cannot officially start foreclosure proceedings until the borrower is 120 days delinquent in mortgage payments, and a pre-foreclosure notice has been sent to you 60 days in advance of the actual foreclosure sale. This notice must include information about the availability of loan modification assistance as well as specifics about the loan such as payment history and date of default.
In Arkansas, the lender has to take the following steps to meet the foreclosure prerequisites:
- Publish a notice of foreclosure in a county-or-state-circulated newspaper once a week for 4 consecutive weeks, with the last publication no more than 10 days prior to the sale date
- Use a third-party to advertise the notice on the internet
- Wait at least 60 days after the recorded notice of default to foreclose
Because these steps are necessary to the foreclosure process, a mistake in any one of them can give us grounds to challenge the legitimacy of the foreclosure.
Contact Our Jonesboro Wrongful Termination Attorney
It is close to impossible to know all the ins and outs of wrongful foreclosure in Arkansas without being a foreclosure attorney. That’s why it’s so important that you contact the Law Offices of Bryce Cook as soon as you realize your home is in jeopardy. We will listen attentively to the particulars of your situation and lift a big part of the burden off your shoulders. We will fight for your right to fair treatment and your right to maintain ownership of your home.
The Law Offices of Bryce Cook handles wrongful death cases throughout Arkansas include the Craighead County Courthouse, Greene County Courthouse, Poinsett County Courthouse, Mississippi County Courthouse, Clay County Courthouse, Crittenden County Courthouse.