Home Foreclosure Help
Everett has some of the most beautiful homes in Washington State. In North Everett, you'll find classic wooden foursquare homes characterized by low-pitched gabled roofs and expansive porches. The Boulevard Bluffs area showcases mid-century modern designs, reflecting the sleek, post-World War II aesthetic. Meanwhile, the Claremont neighborhood features single-level Ranch-style homes known for their practicality and accessibility. So, when you receive a notice of foreclosure on your Everett home, it can be a truly scary prospect.
As your neighbors, our foreclosure attorneys do not want to see you lose your beautiful home.
What Is Legal Foreclosure In Washington State?Foreclosure in Washington State is the legal process where a lender takes and sells your home after missed mortgage payments. In Washington State, most foreclosures are nonjudicial, meaning the lender can sell your home without going to court if they follow the Deed of Trust Act. Judicial foreclosures are less common and require a lawsuit, giving you a chance to fight back in court. We'll review your notice and walk you through your legal options.
What Do I Do If I Receive A Foreclosure Notice in Snohomish County?When you get a foreclosure notice, it can trigger fear, anxiety, and depression. Don't despair. You still have options. Here's what to do next:
- Read The Foreclosure Notice Carefully: Under Washington State's Deed of Trust Act RCW 61.24, lenders must first send a Notice of Default and then a Notice of Trustee's Sale. Both of these list deadlines and your legal rights.
- Contact Your Mortgage Lender: Some lenders offer repayment plans, forbearance, or loan modifications. Repayment plans can help you catch up on missed payments.
- Request Foreclosure Mediation: Under Washington State's Foreclosure Fairness Act RCW 61.24.163, you may be eligible for mediation to negotiate alternatives to foreclosure.
- Review Your Legal Options: You can stop foreclosure by challenging lender errors, applying for a short sale, or filing for bankruptcy.
Our legal team can help you explore defenses, negotiate with lenders, or use bankruptcy to halt foreclosure proceedings. Contact us today to discuss your options.
What Are My Legal Options If I Am Facing Foreclosure On My Everett Home?When you face foreclosure, Washington State offers several legal options to help you get back on track, including:
- Loan Modification: You renegotiate your mortgage terms with your lender to lower payments or extend the loan term.
- Foreclosure Mediation: If you are eligible, Washington State's Foreclosure Fairness Act under RCW 61.24.163 allows homeowners to negotiate alternatives with their lenders.
- Repayment Plan/Forbearance: You set up a payment plan with your lender that lets you gradually catch up on what you owe without having to pay it all at once.
- Short Sale: You sell your home for less than what you owe with lender approval to avoid foreclosure and potential deficiency judgments.
- Deed In Lieu Of Foreclosure: You hand over the property to your lender willingly to wipe out the mortgage and avoid a full foreclosure process.
- Bankruptcy: Filing Chapter 13 can stop foreclosure and allow you to catch up on payments through a structured repayment plan.
Foreclosure can be stressful, but you don't have to face it alone. Our Everett foreclosure attorneys can help you explore the most suitable strategy for your situation and fight to protect your home. Call us today for a free consultation.
How Can An Everett Foreclosure Attorney Help Me Keep My Home?When the threat of foreclosure hangs over your home, having a local attorney who understands the ins and outs of Everett's legal system can change everything. Here's how we will help:
- Stop The Foreclosure Process: Our Everett foreclosure attorneys can take legal action that pauses or blocks the foreclosure, giving you room to breathe and think.
- Negotiate With Your Lender: We handle negotiations for loan modifications, payment pauses (forbearance), or mediation.
- Defend Against Unfair Practices: If your lender breaks the law or cuts corners in the process, we'll call them out and make sure your rights are respected.
- Help You File For Bankruptcy: Filing for Chapter 13 can stop foreclosure and set you up with a plan to pay what's past due over time.
- Explore Alternative Solutions: If staying in your home isn't an option, we'll help you consider a short sale or deed in lieu so you're not left with worse financial fallout.
From the historic homes near Grand Avenue Park to the quiet streets of Silver Firs, homeowners across Everett are feeling the strain of rising costs. We've worked with families near Howarth Park, retirees in View Ridge-Madison, and professionals in the Bayside neighborhood. Our Everett foreclosure attorneys have helped them find real legal solutions to move forward, and we can help you too.
Legal Answers For Your Frequently Asked Home Foreclosure QuestionsA: Yes, you can push back by working out a loan modification, requesting mediation under Washington State's Foreclosure Fairness Act, or proving your lender skipped legal steps in the process.
A: A notice of sale informs you that the Snohomish County Courts will auction your home. Under RCW 61.24.040, lenders must provide it at least 120 days before the sale.
A: In most cases, nonjudicial foreclosure takes about 190 days from when you miss your first mortgage payment to when your home hits the auction block. However, timing can vary depending on notice and mediation steps.
A: Under the federal Protecting Tenants at Foreclosure Act and Washington landlord-tenant laws, renters may have up to 90 days or until their lease expires to vacate the foreclosed property.
Protect Your Home With Trusted Legal Guidance From Our Everett Attorneys
Foreclosure is stressful, but you don't have to go through it alone. Whether you live near Silver Lake, in a historic Riverside bungalow, or just off Mukilteo Speedway, our Everett foreclosure attorneys are ready to step in and protect your home. We understand the local court process and know how lenders operate, and we'll build a strategy that gives you a chance to stay in your house. Call our Everett law offices for a free consultation, and let's take that first step together.
When an Everett, Washington, homeowner defaults on mortgage payments, the mortgage company can start a process called foreclosure to take the home back. The foreclosure process takes months. Under Washington law, the mortgage company must first give the homeowner a chance to go through a meeting and mediation before sending a notice of default, which formally starts the foreclosure process with most mortgages. The home cannot be sold for at least 120 days after the notice of default is sent.
Filing a bankruptcy can help with a foreclosure in a variety of ways. The filing of a bankruptcy stops all debt collection, including foreclosures, immediately. A bankruptcy stops the foreclosure process up to the point the property is sold.
By eliminating some debt and stopping the foreclosure process, a bankruptcy could help a home owner get caught up on a mortgage by themselves. There are times when the filing of a bankruptcy can help a homeowner qualify for a mortgage modification. By eliminating a lot of general unsecured debt, such as credit card debt, a homeowner can qualify for a mortgage modification after bankruptcy.
Chapter 7 bankruptcy stops a foreclosure temporarily. It could help just by improving cash flow, giving the homeowner some breathing space or helping with the modification process. If the home owner does not get caught up or modify a mortgage after filing a Chapter 7, the mortgage company can eventually start the foreclosure process up again. The mortgage company can get court permission to start the process up again within a month of filing the case but it usually takes much longer than a month.
Chapter 13 offers a longer term solution to stopping foreclosure. The filing of a Chapter 13 stops the foreclosure and the Chapter 13 plan sets out how the homeowner intends to consolidate debt and get caught up on the mortgage payments. The plan can not be any longer than five years. The current mortgage payments must be made and an additional amount must be paid to cure the default within five years. If the homeowner is $30,000 behind on payments, the current mortgage plus another $500 per month ($30,000 divided by 60 months or five years) must be paid through the Chapter 13 plan. Second mortgages can be eliminated in Chapter 13 plans when the balance of the first mortgage is greater than the value of the home.
If you are overwhelmed by debt and think you can save your home by eliminating some debt and improving cash flow, it is a good idea to talk to a bankruptcy attorney. It is easiest to save a home if your income has improved after dropping for a while. In that case, many people get mired in debt and behind on their mortgage.
Whatever your situation, before you give up on your home in Everett, talk to a bankruptcy attorney.