FORECLOSURE DEFENSE
Is Foreclosure Defense My Best Option? What Are The Options To Save My Home?
The answer is – It depends. Foreclosure Defense is usually the best option if 1) you reside in the property or it’s an investment property that produces rental income, and 2) the property is upside-down (worth less than the mortgage balance). Mortgage lenders and homeowner associations file a foreclosure action when you fall behind on payments (arrears).
Your goal should be to seek the most cost-effective option to cure the default (and dismiss the foreclosure). If you’re only a few months behind, you should ask your lender or homeowner association for a 6–12-month repayment plan. If you can cure the default/reinstatement balance in three to five years, you should consider filing Chapter 13 bankruptcy.
Refinancing or loan modification are your remaining options if you don’t want to file bankruptcy, or if the reinstatement balance is too high to repay in five years. Unfortunately, a large default usually reduces your credit score, making it hard to refinance.
Therefore, loan modification would likely be your best/only option to save your property. If there’s no equity in your property, Foreclosure Defense and/or Chapter 13 (or a combination of both) are great tools to buy you time to save the property and pressure your lender to offer a favorable loan modification that reduces the loan balance to the property’s current fair market value, reduce the interest rate, and extend the term of the loan up to 40 years, resulting in a monthly mortgage payment you can afford.
But beware! Unless you have a strong case to prove your mortgage company or homeowner association engaged in fraudulent or wrongful handling of your case, they will add their attorney’s fees and costs to the loan balance.
If you don’t have equity, it’s usually a non-issue. If you have equity, you should consider selling the property if you’re not able to cure the default in a reasonable amount of time.
There are a lot of factors to consider when facing foreclosure. If you live in Hawaii, we offer free consultations in Honolulu, or over the phone if you can’t travel.
Call us now on 808-201-6000 to get started!
Testimonials
“I was filling out some information about my loans and credit cards and I received a call from this company. A lady told me that one of their lawyers can consult with me about my student loans. A man named Ofir Raviv contacted me and was able to ask questions regarding my student loans and debts. I told him about me and my husband’s situation and he was able to help us out. He was very passionate about doing what is right for people and not greedy about money.
I highly recommend Ofir Raviv if you need help with debts, loans, bankruptcy and so forth.”
“If you are in need of a good and caring bankruptcy attorney not someone who only sees you as a dollar sign then Ofir Raviv is your man. He will help you through a hard situation. Highly recommend.”
“Let me just start by saying, Ofir has never given up on me. I filed for bankruptcy in late 2018. He gave me my interview over the phone and I qualified to get help. Fast forward a few months from that, he informed me that he’ll be moving into his own office early 2019 and when he was able to get more cases he would assist me. I live on the island of Kaua’i. Needless to say, I was a non believer of the whole process just due to the fact I’ve never done this before. Well, at the end of 2019 and through early 2020, he’s assisted me with all the paperwork, made everything very easy to understand over the phone and in person.
I’m forever grateful for his help! Thank you Ofir!”
“Square One Legal is the best bankruptcy law firm in the state. They genuinely care for you & help you through one of the worst times of your life. They are professional & thorough & kind. I even got money back. Give them a call & allow them to help you too!”
“Every step of the process was quick and straightforward. From the initial inquiry, having zero knowledge of bankruptcy, to the final discharge of all my debt, Ofir Raviv consistently made it clear that he was there to assist in any way necessary to achieve the best results. If you have any doubts about going through with filing, don’t. It was the best financial decision I have ever made, and it was made possible by Square One Legal.”
“Attorney Ofir have always been there for me, as a lawyer and also as a friend. I suffer from aniexty and depression. Attorney Ofir have never let me down. He goes beyond his measures to ensure me there’s a better outcome just trust the process. There should be more then 5 stars. He deserves every stars turn to gold.”
“Ofir made my experience easy and fast. He guided me every step of the way from the start to the end. It was effortless to communicate with him no matter what time of day Whether to talk to him, text, or email him. Making an appointment and meeting with him was also very flexible. He made sure it was according to my schedule. I enjoyed working with him, and I would do it again.”
“My representative, Mr. Ofir was exceptionally professional and uplifted all my worries, physically and mentally. I appreciate his services-bankruptcy case. I would recommend anyone for his services. God bless you.”
“Mr. Raviv assisted us With the utmost care during the COVID-19 pandemic. Unfortunately, due to the pandemic, I was placed on furlough (and to date, still furloughed). After exhausting all forms of funds, including our savings, we found Mr. Raviv via his website to discuss a possible bankruptcy. His expressions describing himself were exactly as stated. Mr. Raviv’s genuine care alleviated our anxieties. We were comforted with his wind some words.
He diligently processed all documents in a timely manner and represented us professionally in all circles. Mr. Raviv battled one of financial institution’s deeds of removing funds from our mother’s account without her knowledge. They were attempting to obtain payments after we filed our bankruptcy, which was improper. Our mother’s funds were returned.
We highly recommend Mr. Raviv’s Law Firm, Square One Legal, for anyone who is going through challenging times. You will be truly pleased with the successful results. One more high note, Mr. Raviv’s, Client Relations Representative, Aja Kop played an integral role in handling our debt relief. You will appreciate both individuals when you choose Square One Legal.”
“I was referred to Square One Legal by VLSH when I was facing a challenging financial situation. And this is how it all started. (To me:) this is a reminder e-mail for your 11/3/18 clinic appt. @ 10:30 am at the Waianae High School Cafeteria. Please bring all collection letters, contracts, or other related docs. to your case -VLSH Intake Team.
I was introduced to Attorney Raviv and would be meeting him for the first time for my Bankruptcy Chapter 7 case. I already had a court case filed. At this free legal advice clinic, I filled out paper work, and I answered questions honestly, followed all instructions, and provided All paper work that was required.
Attorney Raviv listened carefully to all details. In progress, he took me step by step through the process and helped me to answer the questions by explaining exactly what I need to fill out. I liked that I could email at any time and received an answer to question almost immediately. I wouldn’t have been able to file. Evidently, I didn’t have money to file. I may proclaim, I got answers to my prayers. In the end, I received a tremendous debt relief services.
Attorney Raviv was with me all the way until the final stage when we faced the Bankruptcy Court Judge, when my case was finalized. I needed expert advice, and I was able to get it from Square One Legal, the one and only Attorney Raviv; and I felt as if he was holding my hand every step of the way. Now that I have the freedom, I would recommend the one who actually cares, Ofir Raviv-Bankruptcy and Debt Relief Attorney At Law.”
“Really the best experience I could have with an attorney. Very friendly, knowledgeable, and efficient. I would recommend him to anyone.”
“The speed of service provided to me was excellent. Ofir was quick and professional in handling my case I would highly recommend anyone to look him up and utilize his services.”
“Mr. Raviv has been an absolute blessing!! Filing bankruptcy is without a doubt one of, if not the most challenging, scary, anxiety inducing times that I have ever walked through. Without Mr. Raviv to help me navigate through this procedure I don’t know what I would’ve done. With him by my side (and I do mean every step of the way) I was able to get through this process knowledgeably, articulately, and with confidence. He answered my every question very timely with clarity and accuracy…. at times even giving me the information he knew I would need, without my having to ask for it. I’m pretty intuitive, I’ve learned to trust how I feel… and from the first moment we spoke I felt comfortable and safe with his advice.
Thank you Mr. Raviv. You are kind of my hero!”
“I highly recommend Ofir and his great team. They are professional and very nice and they help me with filing for bankruptcy and now I’m debt free.
I am so relieved, thank you so much Ofir.”
“My lawyer, Mr. Ofir Raviv, is professional, thorough, trustworthy, and sincere. I highly recommend him, his assistant Aja Kop, and his entire team at Square One Legal. Thumbs up and a solid A+. Thank you!”
“Mr. Raviv is absolutely AMAZING ! From inquiring, then meeting with him, during the process and after the process was all so easy. This was my first time filing bankruptcy and it was scary for me because I had no knowledge about bankruptcy at all! I inquired with a couple of different attorneys prior to Mr. Raviv and it didn’t seem like they really cared about my situation, I felt like just another pay check to them.
When I came across Mr. Raviv he explained that I had different options which I didn’t know. He also explained two different types of bankruptcy, the pros and cons and the cost. I never felt rushed when speaking to him. When he told me the price for the whole process it was kind of a shock comparing it to the previous people I spoke to they were going to charge me an unreasonable price for my case. He always assured me that my case was easy and anytime I had doubts or questions he would ALWAYS respond reassuring that I would be fine, even if it was after office hours.
You won’t find anyone better! Thanks again Mr. Raviv!”
“I found myself in a legal dispute I did not understand and, just by chance, I was given Ofir Raviv’s phone number. I received an immediate response to my first call and he handled all legal aspects for a very reasonable fee. I give him my highest recommendation.”
Testimonials
“Really the best experience I could have with an attorney. Very friendly, knowledgeable, and efficient. I would recommend him to anyone.”
“I highly recommend Ofir and his great team. They are professional and very nice and they help me with filing for bankruptcy and now I’m debt free.
I am so relieved, thank you so much Ofir.”
“Mr. Raviv has been an absolute blessing!! Filing bankruptcy is without a doubt one of, if not the most challenging, scary, anxiety inducing times that I have ever walked through. Without Mr. Raviv to help me navigate through this procedure I don’t know what I would’ve done. With him by my side (and I do mean every step of the way) I was able to get through this process knowledgeably, articulately, and with confidence. He answered my every question very timely with clarity and accuracy…. at times even giving me the information he knew I would need, without my having to ask for it. I’m pretty intuitive, I’ve learned to trust how I feel… and from the first moment we spoke I felt comfortable and safe with his advice.
Thank you Mr. Raviv. You are kind of my hero!”
“Square One Legal is the best bankruptcy law firm in the state. They genuinely care for you & help you through one of the worst times of your life. They are professional & thorough & kind. I even got money back. Give them a call & allow them to help you too!”
“The speed of service provided to me was excellent. Ofir was quick and professional in handling my case I would highly recommend anyone to look him up and utilize his services.”
“My representative, Mr. Ofir was exceptionally professional and uplifted all my worries, physically and mentally. I appreciate his services-bankruptcy case. I would recommend anyone for his services. God bless you.”
“Mr. Raviv is absolutely AMAZING ! From inquiring, then meeting with him, during the process and after the process was all so easy. This was my first time filing bankruptcy and it was scary for me because I had no knowledge about bankruptcy at all! I inquired with a couple of different attorneys prior to Mr. Raviv and it didn’t seem like they really cared about my situation, I felt like just another pay check to them.
When I came across Mr. Raviv he explained that I had different options which I didn’t know. He also explained two different types of bankruptcy, the pros and cons and the cost. I never felt rushed when speaking to him. When he told me the price for the whole process it was kind of a shock comparing it to the previous people I spoke to they were going to charge me an unreasonable price for my case. He always assured me that my case was easy and anytime I had doubts or questions he would ALWAYS respond reassuring that I would be fine, even if it was after office hours.
You won’t find anyone better! Thanks again Mr. Raviv!”
“I was referred to Square One Legal by VLSH when I was facing a challenging financial situation. And this is how it all started. (To me:) this is a reminder e-mail for your 11/3/18 clinic appt. @ 10:30 am at the Waianae High School Cafeteria. Please bring all collection letters, contracts, or other related docs. to your case -VLSH Intake Team.
I was introduced to Attorney Raviv and would be meeting him for the first time for my Bankruptcy Chapter 7 case. I already had a court case filed. At this free legal advice clinic, I filled out paper work, and I answered questions honestly, followed all instructions, and provided All paper work that was required.
Attorney Raviv listened carefully to all details. In progress, he took me step by step through the process and helped me to answer the questions by explaining exactly what I need to fill out. I liked that I could email at any time and received an answer to question almost immediately. I wouldn’t have been able to file. Evidently, I didn’t have money to file. I may proclaim, I got answers to my prayers. In the end, I received a tremendous debt relief services.
Attorney Raviv was with me all the way until the final stage when we faced the Bankruptcy Court Judge, when my case was finalized. I needed expert advice, and I was able to get it from Square One Legal, the one and only Attorney Raviv; and I felt as if he was holding my hand every step of the way. Now that I have the freedom, I would recommend the one who actually cares, Ofir Raviv-Bankruptcy and Debt Relief Attorney At Law.”
“If you are in need of a good and caring bankruptcy attorney not someone who only sees you as a dollar sign then Ofir Raviv is your man. He will help you through a hard situation. Highly recommend.”
“Attorney Ofir have always been there for me, as a lawyer and also as a friend. I suffer from aniexty and depression. Attorney Ofir have never let me down. He goes beyond his measures to ensure me there’s a better outcome just trust the process. There should be more then 5 stars. He deserves every stars turn to gold.”
“Mr. Raviv assisted us With the utmost care during the COVID-19 pandemic. Unfortunately, due to the pandemic, I was placed on furlough (and to date, still furloughed). After exhausting all forms of funds, including our savings, we found Mr. Raviv via his website to discuss a possible bankruptcy. His expressions describing himself were exactly as stated. Mr. Raviv’s genuine care alleviated our anxieties. We were comforted with his wind some words.
He diligently processed all documents in a timely manner and represented us professionally in all circles. Mr. Raviv battled one of financial institution’s deeds of removing funds from our mother’s account without her knowledge. They were attempting to obtain payments after we filed our bankruptcy, which was improper. Our mother’s funds were returned.
We highly recommend Mr. Raviv’s Law Firm, Square One Legal, for anyone who is going through challenging times. You will be truly pleased with the successful results. One more high note, Mr. Raviv’s, Client Relations Representative, Aja Kop played an integral role in handling our debt relief. You will appreciate both individuals when you choose Square One Legal.”
“I was filling out some information about my loans and credit cards and I received a call from this company. A lady told me that one of their lawyers can consult with me about my student loans. A man named Ofir Raviv contacted me and was able to ask questions regarding my student loans and debts. I told him about me and my husband’s situation and he was able to help us out. He was very passionate about doing what is right for people and not greedy about money.
I highly recommend Ofir Raviv if you need help with debts, loans, bankruptcy and so forth.”
“My lawyer, Mr. Ofir Raviv, is professional, thorough, trustworthy, and sincere. I highly recommend him, his assistant Aja Kop, and his entire team at Square One Legal. Thumbs up and a solid A+. Thank you!”
“Let me just start by saying, Ofir has never given up on me. I filed for bankruptcy in late 2018. He gave me my interview over the phone and I qualified to get help. Fast forward a few months from that, he informed me that he’ll be moving into his own office early 2019 and when he was able to get more cases he would assist me. I live on the island of Kaua’i. Needless to say, I was a non believer of the whole process just due to the fact I’ve never done this before. Well, at the end of 2019 and through early 2020, he’s assisted me with all the paperwork, made everything very easy to understand over the phone and in person.
I’m forever grateful for his help! Thank you Ofir!”
“I found myself in a legal dispute I did not understand and, just by chance, I was given Ofir Raviv’s phone number. I received an immediate response to my first call and he handled all legal aspects for a very reasonable fee. I give him my highest recommendation.”
“Ofir made my experience easy and fast. He guided me every step of the way from the start to the end. It was effortless to communicate with him no matter what time of day Whether to talk to him, text, or email him. Making an appointment and meeting with him was also very flexible. He made sure it was according to my schedule. I enjoyed working with him, and I would do it again.”
“Every step of the process was quick and straightforward. From the initial inquiry, having zero knowledge of bankruptcy, to the final discharge of all my debt, Ofir Raviv consistently made it clear that he was there to assist in any way necessary to achieve the best results. If you have any doubts about going through with filing, don’t. It was the best financial decision I have ever made, and it was made possible by Square One Legal.”
How Can We Help?
Defense against foreclosure requires quick thinking, and quick actions by foreclosure lawyers and attorneys that know what they’re talking about. We completely understand the ins and outs of these situations and have the tools and resources to come to your defense right away.
Foreclosure can be a frightening prospect, but to make quick decisions that give you the best possible outcomes, it’s also important not to cut corners. We understand that in a delicate financial situation, you’d want to avoid getting overwhelmed, and may need assistance in sorting through what you need to do, and how it needs to be done. By offering a free consultation session from our base in Honolulu Hawaii, our foreclosure lawyers and attorneys take a personal approach and can guide you through all of your available options.
To take your first steps towards financial freedom, give us a call to schedule an appointment.
We’re here to help you!
What is Foreclosure Defense?
Foreclosure Defense is the legal fight you engage against mortgage companies and homeowner associations seeking to sell your property to satisfy their security interest in your property (get paid). Your goal should be to stall or stop the foreclosure to cure the arrears (back payments) and save the property or sell it if you’re unable to save it.
Frequently Asked Questions About Foreclosure Defense
In all the time working with clients, we have found that there are many frequently asked questions about Foreclosure Defense. Here are some of them:
Call us right away. Most foreclosures in Hawaii are handled by the courts (judicial foreclosures). Your mortgage lender or Homeowners Association must provide a minimum 30-day notice of foreclosure to allow you to cure/repay your back payments (arrears). If you don’t cure the arrears, your mortgage company files a Complaint, and you must file an Answer within 20 days of service to avoid a default judgment against you. After you file an Answer, your case will go through discovery that can take anywhere from a few months to possibly years (depending on how aggressive your lender is), and at some point, most lenders file a Motion for Summary Judgment (MSJ) to obtain a foreclosure judgment.
The MSJ is one of the key phases of the foreclosure process that will determine the length of the process and in turn how much leverage you have against the lender to get a preferable resolution. If you defeat the MSJ, the case will continue to Trial and possibly for another MSJ before Trial if the lender feels it has new information that may justify granting an MSJ.
Absent lender fraud or serious wrongdoing, your lender is more likely than not to win at Trial and obtain a judgment. After the judgment, the Court appoints a Commissioner to handle the foreclosure sale via Auction. At that point, the Commissioner will contact you to seek permission to conduct three open houses that you may refuse. If you refuse, the Commissioner will file a Motion to Permit Sale without Open Houses and will usually schedule the Auction sale for about 3-5 weeks after the Motion is granted.
After the Auction, the lender must file a Motion to Approve the Sale. If the Court approves the Motion to Approve Sale, the lender must prepare the Order Granting it and give you 5 days to respond to it. After that, the lender will send the Order to the Court for the Judge to Sign. The moment the Judge signs the Order granting the sale, you no longer own the property, and your only remedy is seeking damages against your mortgage lender for wrongful foreclosure.
Filing a Chapter 13 bankruptcy at any time before the Judge signs the written Order Granting the sale will stay (pause) the proceeding to give you some time to cure the arrears via refinancing, loan modification, through a five-year repayment plan, or a non-distressed sale of the property. Foreclosure defense would usually buy you time too, but it is usually most effective before there’s a foreclosure judgment. For these reasons, it’s important to consult with an attorney as soon as possible. Ideally, before the Answer to the Complaint is due, and certainly at least 30 days before the MSJ hearing.
If you’re unsure what to do, schedule a free consultation right away. With phone consultation available, wherever you are in Hawaii, we can help get you on the right track.
Bankruptcy is usually the most effective way to discharge your debt and protect your home, so long as you do it the right way. Do it the wrong way, and you risk losing your home.
First, you need to determine how much equity you have in the property, which is the property’s value minus all the obligations/liens against the property (common obligations are mortgage, HELOC, tax or judgment liens, etc.).
Second, if there’s no equity or minimal equity, Chapter 7 bankruptcy (if you qualify), may be safe to file without the risk of losing your house. If you have a lot of equity, you should consult with your attorney to determine whether you can exempt (protect) the equity in bankruptcy. If the answer is yes, you should discuss the option of filing chapter 7 or 13 with your bankruptcy attorney.
If you can’t protect the equity in your property in bankruptcy, you may be able to file chapter 13 bankruptcy to repay part of your debt at 0% interest or prefer to settle with your creditors outside bankruptcy.
For the best advice on your options in Hawaii, schedule a free consultation with our Honolulu firm in person or over the phone.
You have three ways to deal with foreclosure.
- First, catch up on payment in full, which is usually easier said than done.
- Second, hire an attorney to defend you in the foreclosure case. That’s a good option if you have a strong case for wrongful foreclosure or wrongdoing on the part of the lender, or when the mortgage balance exceeds the property value and you apply for a loan modification, or if you plan to sell the house within a few months and want to complete a non-distressed sale.
- Third, file Chapter 13 bankruptcy that stays the foreclosure proceeding (pauses the proceeding) while you either repay your arrears (back payments) over five years (in addition to your ongoing regular payments, or sell the house, or apply for a loan modification (usually effective for 6-12 months). The bankruptcy option is usually considerably less costly than foreclosure defense. Therefore, it should be the preferred method when there’s a lot of equity in your property and the foreclosure is due to non-payments and not mortgage lender’s fraud or wrongdoing.
There’s no one-size-fits-all solution, and your best option is to talk to a professional who specializes in the laws governing your state. If you live in Hawaii, we offer free consultations in Honolulu, or over the phone if you can’t travel.
Yes, we do! Wherever you are in Hawaii, our firm provides free initial consultations regardless of your situation. We know that weighing your options is very important, but big decisions shouldn’t cost you when you need to be tender with your finances. You can’t afford to not take advantage of a free consultation.
