From: Nadia Kourehdar, Attorney at Law, Ark Law Group, PLLC
Re: The "Foreclosure Fairness Act Mediation" revolution forces lenders to the table and compels them to tell you the truth
Did you know that every major bank and lender was found guilty of defrauding investors and harming homeowners? Have you ever wondered if what they are telling you is the truth? Are you frustrated not having all the answers you need?
Every day we talk to homeowners who are struggling with their mortgage payments and getting the runaround with their lender. It's not your fault. Your lender is a debt collector and they will say whatever they need to say to get you to pay them back.
It's called the Ark Mortgage Assistance Program (AMAP) and it has successfully helped over 2,300 homeowners stop their foreclosure. A big component of the program, for those who qualify, is our use of the Washington State Foreclosure Fairness Act Mediation program.
Upon filing for mediation, by law, your lender cannot proceed with any foreclosure action against you. This essentially buys you additional time in your home. In most cases, mediation takes up to 5-7 months, often longer. During that time the foreclosure cannot proceed, and you are not required to send any additional mortgage payments to your lender. That can save you a ton of money.
If you've been trying to work with your lender and have been getting frustrated, mediation could be your answer. In mediation, by law, the lender is forced to provide you information that will give you the upper hand.
You'll receive the original promissory note, their "net present value" financial calculations, their valuation of your home, and detailed answers to why you may have previously been denied any foreclosure relief.
Often mediation backs the lender into a corner and forces them to either admit that they didn't have a good reason to deny your loan modification request or tell you the reason why it was denied.
Because you know why they have previously denied you for any program you can re-apply and tailor your new application to overcome those objections.
If they fail at completing any of the above requirements, the state appointed mediator can issue a "Bad Faith Certificate." At this point you have the ability to file a "Bad Faith Lawsuit" in order to get the results or compensation that you deserve. In most cases we will file the lawsuit for you at no charge, on a contingency basis.
Many of our clients come to us after being given the run around by their lender, wasting precious months. Don't make that mistake. If you've received your Notice of Default or Notice of Trustee Sale, now is the time to take action.
At any given time we have over 90 clients in mediation. We have found exactly how the lenders play their games. We know how they lie, how they delay, and how they don't respect their own borrowers. We have discovered exactly how to use mediation to benefit our clients and help them stop their foreclosure.
We have an attorney available now to answer all of your questions. There is no cost for this consultation. We will learn about your situation. We will tell you what is possible. We will work together to create a plan of action to help you achieve your goal.
Other attorney's limit their "free" consults to 15 minutes. To work with them they will typically ask for a $2-3,000 retainer before they will get started. Our fee is considered "low-bono" and is a small fraction of the typical cost of a foreclosure attorney.
Our audit will look for any errors that you can use to your advantage in your lender negotiations. This could be the leverage you need to accomplish your goals.
By law, you can only file for mediation until 20 days after receipt of your Notice of Default. If you have missed any payments, now is the time to take action or you will lose out on this opportunity.
There is a reason why we have an A+ rating with the Better Business Bureau. It is because you are always our number one priority. We fight for you, we keep you informed, we take over the burden of stopping the foreclosure. Many of our clients feel immediate relief once they have made the decision to turn over their struggles to us.
Your next step. Complete this intake form and we will reach out to you to schedule a time for your free consultation.
We respect your privacy. By giving us your information, you agree to be contacted by Ark Law Group by phone at the number you provide. If you prefer, you may call 1-800-603-3525 during business hours for immediate service.
On behalf of the entire Ark Law Group team, we look forward to serving you.
Not only is your home likely your most financially valuable asset, it also has an emotional value that cannot be put into numbers. When faced with foreclosure, most people are willing to do or try anything to keep from losing their home. Foreclosure is a long and stressful process, and it can severely harm your credit and assets, as well as your ability to qualify for a loan in the future. However, if you take action early, you can delay or avoid foreclosure altogether.
We advise you to consult with an experienced Spokane foreclosure defense attorney to avoid mistakes and potentially making the situation worse, such as by falling victim to a mortgage modification rescue scam.
Below, we’ve listed some of the options you should consider with your attorney.
A short sale is the selling of a property for less than what you owe the creditor. For example, if you still owe $350,000 on your mortgage, but you can sell the home, with your creditor’s approval for $300,000, it is called a short sale.
A short sale can help avoid a deficiency judgment, which is a lawsuit brought by the lender against the homeowner after foreclosure to recover the remaining assets lost. The more you get in the short sale, the less likely the lender will pursue a deficiency judgment, which is why working with an experienced attorney is important.
A deed in lieu of foreclosure is essentially the process of handing over the deed of your home to the lender. You are absolved from your mortgage payments and avoid harming your credit score and loan ability in the future.
According to Fannie Mae, you may also be able to stay in the home for an additional three months or rent the home for up to a year. This can be a good option if you have fallen behind on your mortgage or will fall behind soon due to a financial hardship.
You may also be able to modify or refinance your loan, which will allow you to stay in your home and continue making mortgage payments. However, you must be able to prove your capability of making future payments.
Finally, filing for chapter 7 or chapter 13 bankruptcy may be your best option. Depending on the type of bankruptcy filed, you may be able to either delay foreclosure or have enough time to catch up on your late payments over the span of three to five years.