It’s common to purchase real estate property–commercial and residential–with the help of a loan. This typically leads to a property having a mortgage that you pay off over the course of several years. But when you miss too many payments, your lender can put your property in foreclosure. This is where they try to get back the money they loaned you by seizing the property the mortgage is on and trying to sell it. In most cases, you can miss four payments or go 120 days without paying your mortgage before the lender files for foreclosure.
If your lender files for foreclosure, you’re not left defenseless. Not all filings are legal and can be denied for a multitude of reasons. Contact the experienced foreclosure real estate attorneys at Tressler & Associates for help, so you can protect the property you’ve been working so hard for.
In Tennessee, this issue is dealt with using non-judicial foreclosure as opposed to judicial foreclosure, which is seen in some states. This means that foreclosure initially proceeds outside of court, and you’ll need to file a suit. For comparison, judicial foreclosure would necessitate the lender bringing you to court before beginning the process. Tennessee’s system, therefore, puts the impetus on you to fight for your property. Once you have an attorney, you can properly begin the process. However, the first thing we’ll do actually isn’t to file a simple suit.
This saves you from being removed from your home while the closing process is being fought. To gain a TRO, your reasoning has to prove that it will cause you irreparable damage. This is typically considered easy to prove because being removed from your home, possibly with nowhere to go, will definitely be considered irreparable damage. It’s also not unlikely for a court to grant a TRO without formal notice or hearing to make sure you can live in your home.
We would use the same process for a foreclosure on a commercial property, but the success rate of getting a TRO is generally lower. We will argue that this will affect your ability to provide for yourself, your family, and your employees, but because a place of employment is not a shelter, TROs for commercial real estate aren’t as common. It would be good to expect greater resistance, and we can prepare you for it.
Once you have a TRO to protect your ability to live, and officially file a suit, the first obstacle we will prepare for is getting a preliminary injunction. A preliminary injunction would further help you keep your home during the trial, preventing immediate foreclosure. This is when we present our reasons for why a foreclosure is unlawful. This isn’t where you prove your case in its entirety, but prove there is a question of validity around the foreclosure. From there, the court will decide whether or not you may win the case if they proceed to a full trial.
If the court believes you won’t, this doesn’t mean you can’t continue with your suit or that we won’t win. It means that this court doesn’t believe that your chances are likely or your reasoning isn’t good enough to prevent the foreclosure from going through.
At this point, if they agree, the foreclosure will be delayed until the lender disputes your claim, or it will stop once we prove your claim to be true. If the court doesn’t agree with your case, you can continue your case, but your home will be foreclosed. If this happens, you would be filing a suit for reparations against your previous lender, not necessarily to keep your home. After this point, it’s more about typical court appearances, collecting evidence, and showing it to the court.
Arguments to use against your foreclosure are based on the situation. Typically, you want to fight a foreclosure when it’s unfair, and it commonly is so in the following situations:
If you’re unsure whether you have a case or just need help getting yourself time to move out of your foreclosed home, contact the real estate attorneys at Tressler & Associates. We can help you protect your home or place of business from foreclosure.
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