If a payment is refused by the mortgage company, make a note of when it was refused and then contact an attorney. Refusal to accept payment is one of the first steps in the foreclosure process.
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Portland, OR (PRWEB) November 29, 2016
Unfortunately, getting behind on mortgage payments has become a common occurrence for many people. Attorney Clarke Balcom, founder of Clarke Balcom Law, sees this frequently, and currently has a case (Case No. 16CV08640 filed in the Circuit Court of the State of Oregon in and for the County of Washington) that perfectly illustrates what can happen if somebody has gotten behind on their mortgage, is in bankruptcy, or has received a loan modification.
According to court documents, Balcom’s client finished a Chapter 13 Bankruptcy, and at the point of completion was completely current on his mortgage. After the bankruptcy, court documents further state, the defendant allegedly made every single payment, and had proof of all payments.
Court documents further state that the plaintiff, US Bank in this case, sent the defendant a notice of default, and the defendant was also allegedly sent various letters informing him that he was behind on his mortgage. The defendant, according to court documents, tried to handle the situation on his own by providing proof of payment; however, despite this, US Bank ended up filing a foreclosure lawsuit against him, which is now being defended by attorney Balcom.
According to Balcom, who has litigated a number of cases, people need to keep extensive records in these situations: copies of mortgage statements, letters, checks, and detailed phone notes. “If a payment is refused by the mortgage company, make a note of when it was refused and then contact an attorney. Refusal to accept payment is one of the first steps in the foreclosure process,” he said.
A homeowner with the right set of facts can benefit strongly by fighting back. Common settlements may include a reduction in interest rate on the remaining mortgage balance and a monetary payment from the bank or mortgage company to the homeowner. It may also include a reduction in principal.
About Clarke Balcom, Clarke Balcom Law
Consumer attorney Clarke Balcom is admitted to state, and all federal courts, as well as to the U.S. Tax Court. He has a Certificate in Federal Tax Law from the Northwestern School of Law and is a member of the Oregon State Bar and Multnomah Bar Association. He is also the Chairperson Elect for the Debtor Creditor Section of the Oregon State Bar. Clarke Balcom Law specializes in bankruptcy, debt settlement, mortgage and foreclosure, tax problems and abusive debt collection. For more information, please call (503) 224-5950, or visit http://www.clarkebalcomlaw.com. The law office is located at 1312 SW 16th Ave., 2nd Floor, Portland, OR 97201.
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