Project 01 :
1 out of
homes gets foreclosed on
The majority of VA Home Loans for Veterans will be
called in in full. When I started in 2009, the lack of legal representation that Veterans had and the lack of knowledge
others had in general on how to defend VA cases from
foreclosure, was overwhelmingly apparent. There are
tons of Affirmative Defenses that are available at the
onset of a foreclosure action.
Why Do Foreclosure Defense?
DEMAND NOTICES AND
FAILURE TO COMPLY
The VA has a duty to notify the Borrower in writing of the date of the default, amounts owed, and how to cure the default. Too often these notices are insufficient and do not comply with VA regulations or state laws governing foreclosures.
VA Loans have set time lines both for initiation of the foreclosure action to sending out letters.
Also, approval to proceed to Foreclosure by the Secretary is needed in some cases prior to the Foreclosure action being filed.
FAILURE TO PROPERLY ACCESS AND OFFER LOSS
Chapter 38 guarantees the right to loss mitigation work out options. These options are to be considered at all stages of the foreclosure process. Improper consideration for Loss Mitigation is often seen.
APPROVAL FROM THE SECRETARY AND
FAILURE TO COMPLY
WITH VA SET
The Servicemembers Civil Relief Act (SCRA) provides legal relief to military personnel who are in danger of foreclosure. Not only are servicemembers entitled to certain protections from the foreclosure of mortgage obligations taken out before going on active duty, there are also protections that pertain to mortgages taken out after going on active duty. Read on to learn more about how the SCRA can help you if you are a military servicemember facing the foreclosure of your home.
KNOWING HOW THE SCRA EFFECTS YOU
IS HALF THE BATTLE.
STRUGGLING TO PAY THE MORTGAGE BECAUSE OF A DISABILITY?
Did you know the majority of veterans that are not currently making payments, have actually been struggling to make these payments because of a service connected disability.
Some even have a disability that causes them to forget to pay, i.e. PTSD, TBI, other mental disorders. Find out what defenses you have to foreclosure.
DID YOU KNOW?
Each year, VA publishes benefit insights in its Home Loan Guaranty report.
SO FAR IN 2018 ALONE OVER $43,916,741,864 HAVE BEEN GIVEN IN VA LOANS.
In fiscal year 2015, VA made over half a million contact actions to reach borrowers and loan servicers. The intent was to work out a mutually agreeable repayment option for both parties.
More than 90,000 veteran homeowners avoided foreclosure in 2015 alone thanks to this effort. More than three hundred thousand current and former service members have kept their homes since 2012.