Fighting Foreclosure

Written by Jim the Realtor

February 3, 2011

An excerpt from nytimes.com:

Saving your home from foreclosure is increasingly a do-it-yourself project.

Lawyers are scarce and free legal assistance is overwhelmed in New Mexico, so a community center here is offering an hourlong class in how to download the correct forms, decipher the lingo and mount a defense, however tentative and primitive, against a multibillion-dollar bank.

“I don’t see success for someone like me who doesn’t understand the law,” said Skylar Perea, a senior care aide who fell behind on her payments during the eight months she was out of a job. “But it’s better than nothing.”

In New Mexico, New York, Florida and the 20 other states where foreclosures require a judge’s approval, homeowners in default have traditionally surrendered their homes without ever coming to court to defend themselves. (In the 27 other states, including California, Nevada and Arizona, homeowners have a much harder time contesting a foreclosure even if they want to.)

That passivity has begun to recede. While many foreclosures are still unopposed, courts are seeing a sharp rise in cases where defendants show up representing themselves.

Mr. Lawson is skeptical that self-help clinics are a solution. “We have overwhelmed judges and impossible lenders,” he said. “It’s hard enough for lawyers to deal with them.”  In the Albuquerque class, Ms. Anaya Allen does not promise a happy ending. “At the end of the day, unless you have major defenses, it’s likely the court will make a finding of foreclosure,” she said.

Norma Canales and her boyfriend, Saul Valdez, were merely hoping for a little leverage against their lender. They fell into default when Ms. Canales got divorced and her husband stopped making house payments.

“We were working with the bank, trying to work something out, and now suddenly we’re in foreclosure,” said Mr. Valdez, 39. The couple never realized they could represent themselves in court. “It gives you,” he said, “some sort of hope.”

6 Comments

  1. Anonymous

    “Help us win free rent”- I’d say heights of shamelessness!

  2. Sean

    If these people want to pay their debts, all they have to do is file Ch. 13 bankruptcy. Yes, it requires hiring a lawyer, but when you haven’t paid rent for months or years, you really should be able to scrape up $3000 (it’s probably less in New Mexico). And if you can’t then why shouldn’t the bank foreclose?

  3. chaos

    Scumbags.

    Pay your mortgage or go rent!

  4. MB Mike

    Should read: “Help us make your kids pay our rent”.

    Read the following quote a 2nd time:

    “Norma Canales and her boyfriend, Saul Valdez, were merely hoping for a little leverage against their lender. They fell into default when Ms. Canales got divorced and her husband stopped making house payments.”

  5. Thaylor Harmor

    I would stop paying for the house that my ex-wife lived in with her boyfriend…isn’t that a no-brainer?

Klinge Realty Group - Compass

Jim Klinge
Klinge Realty Group

Are you looking for an experienced agent to help you buy or sell a home?

Contact Jim the Realtor!

CA DRE #01527365CA DRE #00873197

Pin It on Pinterest