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Seattle Foreclosure Defense Lawyers

We Want to Help You Prevent Foreclosure on Your Home

If you’re behind on your mortgage and facing foreclosure in Seattle or a surrounding area, we can help. Our experienced legal team can help you understand your rights, your legal choices, and determine a course of action that will allow you to live in your house, maintain ownership, and resolve the situation.

To learn more about our foreclosure defense methods in Washington state, contact us online or give us a call at (206) 483-0505.

If you’ve received a formal Notice of Trustee’s Sale on your home or a Notice of Sheriff’s Sale on your property to satisfy a judgment, you need to contact our Seattle foreclosure attorneys immediately. Filing for bankruptcy will automatically halt a scheduled foreclosure sale, even if you have received a notice and have a formal trustee sale date scheduled.

In any event, the sooner you contact us, the sooner we can discuss your case with you and help you determine what options are available to you. The longer you wait, the fewer options you have.

Request Mediation Prior to Foreclosure

If you’re behind on your mortgage payments but haven’t received a notice of foreclosure yet, you still have time to plan your strategy. The Washington State Foreclosure Fairness Act of 2011 gives you the right to request mediation with your lender prior to a foreclosure.

Your best opportunities for mediation come before you receive a Notice of Default. This usually happens when you are about three months behind on payments, although in this environment we have seen clients who have been behind in payments for over a year before a Notice of Default is issued by the lender.

Once the Notice of Default is issued, the clock starts ticking. You have the option to request mediation with the lender for a $200 fee until the Notice of Trustee’s Sale is issued. This usually happens about 30 days after the Notice of Default, so time is short.

The Henry & DeGraaff Difference

  • Experienced, Creative & Sophisticated

    With years of experience between our attorneys, our goal is to deliver a higher level of service, only taking cases where we can add value.

  • Personalized Attention

    We understand that no two cases are ever the same. We provide tailored solutions for every client and strategize in order to provide optimal results.

  • Comprehensive Service

    As a law firm that focuses on creative and collaborative solutions, we always seek opportunities that go even beyond the law to help provide the results you deserve.

  • Groundbreaking Results

    Our ability to tackle complex issues has allowed us to win appellate decisions and push the law in our clients' favor. We pursue compensation arrangements that reward success.

Apply for Home Affordable Modification Program (HAMP)

If you have missed this deadline, don’t give up hope. There are other options. You can still file for the federal loan modification program, Home Affordable Modification Program (HAMP), and we can help you through every step of that process.

HAMP has not been the most effective program at preventing foreclosures, in part because the process is very difficult for consumers to complete on their own. Fortunately, we’ve been able to help many of our clients obtain loan modifications through the program over the past couple of years. Having a bankruptcy attorney on your side throughout the modification process is essential, because it means that you, as the homeowner, are always in control; not the lender.

Having the option to file bankruptcy gives you additional leverage to stop a foreclosure sale and continue the modification process if the lender is not cooperating.

Filing Bankruptcy Using our Seattle Foreclosure Attorneys

If you have to file bankruptcy to stop a foreclosure sale, your creditors are required by law to cease their collection actions against you, which includes initiating foreclosure proceedings. This can buy you precious time to negotiate with your mortgage lender for a loan modification, forbearance, short sale, deed in lieu of foreclosure, or to pursue other, more favorable options. Even if you don’t file, the mere act of hiring a Seattle foreclosure lawyer can give you a valuable ally in your dealings with the bank or other parties.

Whatever your situation, our attorneys will work with you personally to help you through this stressful time in your life. Over the past decade, many mortgage borrowers were victimized by predatory lenders: unethical mortgage brokers and financial institutions that issued inappropriate loans to borrowers who could not afford them, or gouged borrowers with exorbitant fees and high interest rates. If you are trapped in an escalating adjustable rate mortgage that your income cannot support, come talk to us for help in dealing with your lender. We can also help you avoid falling victim to “foreclosure rescue” scams run by con artists who steal your money or even your home under the guise of helping you avoid foreclosure.

  • It is my belief that we came out way ahead of the game but we owe the success to Jacob.

    “Jacob very clearly explained the course of action we should take and held our hand through the very scary process of the bankruptcy nightmare.”

    - Kim & Mike
  • 5 stars are not enough.

    “She knows the ins and outs of all types of bankruptcy, listens to your personal situation, and lays out the options for you.”

    - Joe
  • Jacob successfully took over our Chapter 11 bankruptcy case.

    “His professional attitude and calm and efficient demeanor guided us through what could have been a much more agonizing process. He and his staff worked out a settlement which was actually better than my most optimistic expectation.”

    - Jerry
  • Jacob was always focused on our needs and desires concerning our real estate.

    “He is not an income-driven attorney, but an attorney that gives great value and caring as his greatest assets. He works hard to get his clients the best result possible!”

    - Previous Client
  • If you need their services don't hesitate to give them a call.

    “They offer a no-nonsense/no-hustle approach to financial counseling and bankruptcy. I witnessed a dear friend go through the process, and Henry & DeGraaff was great to them.”

    - Reese H.

Stop Foreclosures in Seattle with Consumer Bankruptcy

Mediation: If you come to us soon enough, we may be able to stop your foreclosure in Seattle using Washington’s Foreclosure Fairness Act. The FFA provides for mandatory mediation intended to help you get a mortgage modification before your lender can foreclose.

Bankruptcy: Filing for bankruptcy can save your home from foreclosure and protect up to $125,000 of equity in your home. The two most common types of bankruptcy consumers file to protect their home from foreclosure are called Chapter 13 and Chapter 7. By filing for bankruptcy, you trigger the Automatic Stay. This is an automatic court order that immediately blocks foreclosures and other collection actions from happening. The very act of filing your bankruptcy case creates a stay.

Chapter 13: Filing a Chapter 13 bankruptcy can stop a Seattle foreclosure sale from taking place and give you an opportunity to force a payment plan that allows you to catch up on the amount you are behind on your mortgage payments over a period of 3 to 5 years, while keeping current on future mortgage payments. If you cannot afford this type of plan but still have a steady income, you may be able to offer a plan that just requires you to keep making your current mortgage payment while you work with the mortgage lender for a modification. We may also be able to use mediation under Washington’s Foreclosure Fairness Act to get your mortgage modified.

Outside of Chapter 13, mortgage companies seldom let you have more than a few months to catch up on missed payments, an impossible task if you are not expecting to receive some windfall of money. During the entire repayment time that a Chapter 13 allows for, you are protected from foreclosure and most other collection efforts, as long as you play by the rules laid out in your Plan. If you play by those rules, you should be completely current on your home when you finish your case.

Chapter 7: Filing a Chapter 7 bankruptcy stops a foreclosure sale from continuing and can give you a few months to work out a modification of your mortgage or catch up on your mortgage payments. Often, the discharge of your other debts in bankruptcy is just what the mortgage lender needs to approve you for a modification. However, you may still need Chapter 13 bankruptcy if your mortgage default isn’t quickly resolved. Contact us today to learn more about how filing for bankruptcy can save your home and give you the fresh start you need.

Chapter 11: If you have one or multiple rental properties that are facing foreclosure in Seattle, Chapter 11 may offer you the ability to reduce the balance owed to the value of the property, rewrite the mortgages on your investment properties to new 30- or 40-year terms, and reduce the interest rate based on the prime rate, plus a risk factor. The majority of our Chapter 11 clients experience substantial reductions of principal and/or interest rates. Unlike a Chapter 13, a Chapter 11 may not require you to catch up on the payments you have missed. Instead, you start over with a new loan, so you are current as soon as your Chapter 11 plan is approved by the court.

Let Us Help You Avoid Foreclosure in Washington State

Call (206) 483-0505

At Henry & DeGraaff, we are in the business of helping consumers and debtors find financial freedom, and we love nothing more than halting foreclosure on our clients’ homes. If you are in jeopardy of losing your house, do not wait to contact our Seattle foreclosure defense attorneys for help. The sooner you involve us in the process, the better able we’ll be to fight foreclosure on your home.

787 Maynard Ave S
Seattle, WA 98104
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Contact Us 206-483-0505

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