Question: I am losing my home to foreclosure. Is there any way to stop or delay the process?
Answer: Yes, you may have rights that your lender has not told you about. There are many rules that lenders must follow and, in my experience, they do not always follow them. More troubling is that they often deny their mistakes when confronted with them. There have been thousands of cases in Michigan and across the country where the bank has not followed the law. For example, last Thursday the Michigan Court of Appeals decided a case where the lender failed to record the proper paperwork to foreclose and as a result the Court set aside the foreclosure. We have developed a “Foreclosure Checklist” that will let you know whether you may have a right to challenge your foreclosure. This is true whether you are currently in the foreclosure process or you are already out of your home. Please contact me for a copy of the Foreclosure Checklist and to discuss your rights.
Michael Olson is a partner with the law firm of Matecun, Thomas & Olson, PLC in Howell. He answers readers’ questions on legal matters affecting individuals, their families and their businesses. Email questions to [email protected], or if your question is urgent, call (517) 548-7400. The information in this column is not intended as legal advice.
Visit www.MTOlaw.com for more information or to contact us about your legal issue. We are attorneys focusing on real estate (including foreclosure), business matters (transactions and litigation), divorce and personal injury, together with elder law, probate, estate planning, Wills and Trusts and related elder care issues. Our lawyers handle legal matters in Livingston County (including Howell, Brighton, Fowlerville, Pinckney and surrounding areas), Macomb County (including Clinton Township, Mt. Clemens, Shelby Township, Washington Township, Macomb Township, Sterling Heghts, Utica and surrounding area), Oakland County, Wayne County, Washentaw County and Ingham County. Call us if you need an attorney in Southeast Michigan and, if we can’t help you, we will make sure to put you in touch with someone who can help. Matecun, Thomas & Olson, PLC, Michigan attorneys and counselors.