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Facing Foreclosure? Be Proactive!

In our experience, homeowners who contact us with mortgage problems and who are not in foreclosure have been struggling to get help from their mortgage company for one to two years. One critical fact that all people in this position should realize is that, due to the way in which they are compensated, the mortgage company (most likely a loan servicer, or simply a collection agency), is actually incentivized to work against you, rather than with you, in your efforts. This fact makes it extremely important not only that you should remain vigilant in your dealings with the company, but also that if you reach the point where you are getting the mortgage runaround, you seek competent professional help.

In Foreclosure? Know Your Defenses and Counterclaims!

If you have received a foreclosure complaint, you must realize that your mortgage company/servicer has invoked the court system in an effort to take your home away. This means the court rules governing how the parties must proceed to protect their interest must be followed. First and foremost, an Answer to the Complaint must be filed and served; otherwise a default judgment could be entered against you. There are also potentially beneficial aspects to the rules for homeowners, however. Discovery, or the opportunity to ask questions and get documents from the mortgage company, can be invaluable in assisting the homeowner in the defense of his or her home. Finally, there very well could be an opportunity for the homeowner sued for foreclosure to turn defense into offense if there has been a violation of the law governing the mortgage company’s conduct in its treatment of the homeowner before the foreclosure was filed.

The Stories of Chris, Sue, Jack, and Sam
Uncooperative Mortgage Servicer?

Chris, Sue, Jack and Sam had something in common when it came to their mortgages—they all faced an extremely uncooperative servicer in attempting to work through their mortgage issues. Tragically, their situations are all too common in this day and age where struggling homeowners are forced to work with servicers acting as collection agencies rather than the party who owns their loan. Because a servicers’ compensation is based on the mortgages’ balance they are reluctant to help homeowners out, instead being inclined to take advantage of the situation.


With servicers in control of the mortgage it would seem that the homeowners face an insurmountable problem when they need help. Chris had a loan modification agreement she entered in good faith rejected on bogus technical grounds. Sue had been sending in modification papers for almost a year,only to be told time and again the servicer needed more information. Jack received a letter from his servicer giving him an inflated amount he needed to pay to reinstate his mortgage, and Sam’s servicer refused to give an accurate payoff amount so that he could sell his home. How could they turn things around and get the help they needed?


The answer to this question lies in the power of the pen. In each case the servicer violated their rights under federal law. We wrote letters to the servicers pointing out the violations and demanding that they correct them within thirty days. We also pointed out that a failure to do so could lead to a lawsuit by the homeowner for the recovery of damages, including attorney fees. We believe that these servicers will comply with our requests. Homeowners often have a hammer to hold over their mortgage companies’ heads when being victimized.



Things looked bleak indeed when Sam first called several months ago to tell us his home was set for sheriff’s sale in less than a week. The sale was the culmination of a foreclosure action brought against him by Wells Fargo.


A huge problem which Sam faced as he tried to work toward a loan modification was that he spoke Spanish only. Even though Wells Fargo had Spanish speaking staff, Sam was unable to connect with them to the extent he could actually get the needed relief.


It was immediately clear that Sam qualified for mortgage relief under the federal government’s HAMP program. Even though his situation was somewhat unique, it was not altogether different from those we often see where qualifying homeowners are denied HAMP. In Sam’s case, we were able to convince the Court to cancel the sale to allow time for us to guide Sam through the mortgage modification process with the help of our Spanish speaking assistant. When we received word a few days ago that Sam was offered a HAMP modification, we knew that HAMP was just what the doctor ordered for him. Is it for you?

We Speak Spanish/Hablamos Español

Need Lower Mortgage Payments?
(Necesita Reducir los Pagos de su Hipoteca?)

Are You Getting the Mortgage Modification Runaround?
(Le Estan Dando la Vuelta en la Modificacion de su Hipoteca?)

Reduced Income Through Death, Divorce or Job Loss?
(Ingresos Reducidos por la Perdida de Trabajo, Divorcio o Muerte?)


Let Us Help!
“Hablamos Español!”

Offices in
Columbus, Sandusky & Lorain

Call Today for Your FREE Mortgage Advice
Saturday & Evening Appointment Available

Columbus: 614-444-5476 | Sandusky: 419-502-7223 | Lorain: 419-502-7223

Toll Free: 844-661-7942 or email

Ohio State Bar Association
Columbus Bar Association
bar association

Authorized to Practice in All Courts Throughout Ohio

McGookey Law Office
In Columbus:
35 N Fourth St., Suite 200
Columbus, OH 43206
In Sandusky:
225 Meigs St.
Sandusky, OH 44870
In Lorain:
124 Middle Ave. Suite 500
Elyria, OH 44035

Toll Free: 844-661-7942

Fax: 419-502-0044

Business Hours:
Monday-Friday, 8 a.m.-5 p.m.
Saturday Evening Appointments Available

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