Legal Question in Real Estate Law in Oregon

my hoa in oregon is going to foreclose on my condo lien due to my arrears. they have added extortionate interest charges and attorneys fees. How do i fight all the added charges in court and do they become the superlien holder? I am now behind in the mortgage payments and do not know the timeframe that I have to stay in my condo until the hoa forecloses


Asked on 6/13/15, 12:17 am

1 Answer from Attorneys

J. Norman Stark J. Norman Stark , Attorney, Architect

Dear Trouibled Debtor:

FORECLOSURE DEFENSES.

Everyone is concerned about foreclosures, BUT, Debt and Default are no disgrace. Businesses and homeowners find themselves falling behind, in default, or �under water�, as the real estate market and value of their lifelong investments have fallen, drastically and unpredictably. How can defaulting debtors possibly �catch up�, demand mortgage modification, and defend, or even avoid foreclosure?

There is relief - There are more than thirty (30) legal defenses that can be made to oppose, delay, and defend against banks and lenders� hurried legal actions to foreclose. THERE IS ALSO AN OPPORTUNITY TO DEMAND MEDIATION AND MORTGAGE MODIFICATION OF THE INTEREST RATES!!! HARP and HAMP programs may be available, along with state programs for qualified borrowers.

Federal laws now also require the lenders consider mortgage modification, under HAMP (Home Affordable Refinance Program) and HARP (Home Affordable Relief Program). Courts also favor mediation to avoid actual foreclosure. Sometimes, with proper defenses raised, Courts may even rule against or even dismiss a foreclosure complaint case!

DELAY IS DAMAGING. Debtors must prepare and defend immediately upon the first notice received. Under the law, each debtor is entitled to have their Attorney answer and demand mortgage loan mediation and modification. These may include reduction of the principal amounts owed, as well as reductions in the mortgage interest rate. Federal and State laws prescribe specific programs providing relief for debtors. An experienced Attorney can advise of even other alternatives and resolutions possible under law. Mortgage Relief in foreclosure is available, only if proper action is taken early on, by an experienced Attorney, to advise, guide and oppose actual foreclosure.

BANKRUPTCY RELIEF IS ALSO AVAILABLE. Fears of ruining one's credit or having to file bankruptcy should be the very last concern, because while there may be other legal remedies and rights to recovery and protection under Federal and State laws, bankruptcy affords each person a clean slate, free of debt, and ready to face life and family all over again.

My personal recommendation: Retain an experienced Attorney to assist you ASAP. Good luck!

***

WHERE EXPERIENCE COUNTS, COUNT ON MY EXPERIENCE

J. NORMAN STARK, ATTORNEY *

ARCHITECT EMERITUS (Ohio) A.I.A., N.C.A.R.B.

1109 Carnegie Avenue Cleveland, Ohio 44115

(216) 531-5310 x7100 Email: [email protected]

*Author: The Construction Claims Investigation Worklist�

***

Read more
Answered on 6/13/15, 8:48 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in Oregon