Lexington Foreclosure Defense Lawyer

Real Estate Law in South Carolina

The Law Office of James R. Snell, Jr., LLC, located in Lexington, South Carolina represents homeowners in challenging and defending foreclosure cases. As a foreclosure defense attorney James Snell has represented both residential and commercial property owners defend against foreclosure actions.

When you are served with legal foreclosure papers the clock on your case starts ticketing. You have thirty days from the date of receipt to file an appropriate answer along with any counterclaims that you may have. If you fail to file an answer you will be held in default. Once you are held in default by the Court you lose the right to challenge the foreclosure case - even if you have meritorious defenses available to you.

Asserting a legal defense or counterclaim may assist you in obtaining a judicial dismissal of the foreclosure or a more favorable settlement. One example of a defense we frequently raise is the standing or lawful right of a "holding company" to actually prosecute a foreclosure case against our clients. When mortgages are bought, sold and transferred between banks and investment companies often times the original paperwork, and full account history, becomes lost. If this occurs it can be a full defense against the foreclosure process. Depending on our client's case there are numerous other possible defenses that we may raise.

When you hire a foreclosure defense lawyer to represent you the process begins by preparing and filing your legal answer along with any counterclaims that may be available to you. A copy of this document is sent back to the bank's lawyers in compliance with the Summons attached to your foreclosure lawsuit. At this point you will not be held in default, and the bank's attorneys will now have to comply with all of the standard South Carolina Rules of Civil Procedure. This can greatly assist you in challenging the foreclosure and may allow you to remain in your home if possible.

Foreclosure Timeline

In a typical foreclosure action where the owner fails to defend themselves and is held in default the entire process may take as little as 90 days from the date of service until the sale. In cases however where a legal defense is made the process may take anywhere from 90 days to one year or more. By retaining a foreclosure defense attorney you can ensure that you maximize the amount of time available to develop a plan to stay in your home or whatever other arrangements are necessary for your family.

Attorney's Fees in Foreclosure Cases

In many cases we are able to establish a fixed monthly rate for all professional foreclosure defense services. The amount of the fee is set in writing at the beginning of your case.