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Home Foreclosure Attorneys
Whether you have a Craftsman in Manito, a Victorian in Browne’s Addition, or a Tudor on Rockwood Avenue, you never want to receive a notice of foreclosure on your Spokane home. Fortunately, if you do, you don’t automatically have to lose it, thanks to legal options under Washington State and federal law to protect your home and your financial interests. Our Spokane attorneys can also assist. With over 30 years of helping your neighbors keep their homes in Washington State, we know how to protect homes in neighborhoods like West Hills, Indian Trail, and Comstock.
Call our Spokane law offices today to schedule a free consultation with our qualified foreclosure attorneys.
What Do I Do If I Receive A Foreclosure Notice In Spokane County?
Receiving a foreclosure notice can be stressful, but there are steps you can take to protect your home in Spokane County. Here’s what you should do:
- Review The Notice: Ensure that the foreclosure notice is legitimate and that the lender has followed the proper process under Washington State law (RCW 61.24).
- Contact Your Lender: If possible, try to negotiate directly with your lender. Loan modification programs or forbearance might be available to you under Washington State’s Consumer Protection Act (RCW 19.144).
- Consider Bankruptcy: Under federal law, filing for Chapter 7 or Chapter 13 bankruptcy starts an automatic stay, which immediately halts foreclosure proceedings (11 U.S. Code § 362), giving you more time to explore other options.
- Explore Foreclosure Alternatives: Washington State allows homeowners short sales and deeds in lieu of foreclosure (RCW 61.24) to help avoid foreclosure while still resolving mortgage issues.
Our Spokane-based attorneys can provide personalized guidance on how to stop a foreclosure, explaining your rights under both Washington State and federal law. With over 30 years of combined experience, we understand the legal options available to you in Spokane County.
Can I Legally Stop Home Foreclosure In Spokane?
Yes, you can legally stop foreclosure in Spokane. Here are some options to consider:
- File for Bankruptcy: If you file for bankruptcy in Spokane, an automatic stay under 11 U.S. Code § 362 starts and halts all foreclosure actions immediately.
- Loan Modification: Under Washington’s Consumer Protection Act (RCW 19.144), you may be eligible for loan modification programs, which can adjust your loan terms to make your mortgage more affordable.
- Short Sale Or Deed in Lieu: Under Washington State laws (RCW 61.24), a short sale allows you to sell the home for less than the owed mortgage balance, and a deed in lieu transfers the property back to the lender to avoid foreclosure.
- Foreclosure Mediation: Washington State provides homeowners with the right to participate in foreclosure mediation through RCW 61.24.163, offering an opportunity to negotiate directly with the lender.
How Can A Spokane Foreclosure Lawyer Help Protect My Home?
A knowledgeable foreclosure lawyer in Spokane can help you understand and navigate your legal options under both Washington State and federal laws. Here’s how we can assist:
- Evaluate Your Options: We’ll assess your financial situation and help determine whether filing for bankruptcy under federal law (11 U.S. Code § 362) or pursuing a loan modification under RCW 19.144 is the right route for you.
- Negotiate With Your Lender: Our experienced Spokane lawyers can act as your advocate in negotiating loan terms or pursuing other alternatives under Washington State’s foreclosure laws (RCW 61.24).
- Represent You In Mediation: If eligible, we can guide you through the state’s foreclosure mediation process under RCW 61.24.163, helping you work out a solution with your lender.
- File For Bankruptcy: If bankruptcy is the right path, we’ll guide you through Chapter 7 or Chapter 13 filings, utilizing the automatic stay provision of 11 U.S. Code § 362 to stop foreclosure actions.
As local attorneys with deep ties to Spokane, we help residents from neighborhoods like Browne’s Addition, South Hill, and Spokane Valley deal with foreclosure. Whether you live near Riverfront Park, the historic district of Garland, or the bustling shops and restaurants of Kendall Yards, we have you back. Our bankruptcy lawyers know the legal landscape of Spokane, from the vibrant neighborhoods of West Central and the Spokane Arts District to the quiet residential areas of Rockwood and Lincoln Heights. Whether you’re close to Spokane Community College or out in the rural areas near Medical Lake, we know the local environment and how it influences your options for foreclosure prevention.
Your Top Home Foreclosure FAQs Answered By Our Attorneys
Q: Will I owe Washington State property taxes if my home is foreclosed?
A: Possibly. If your lender forgives part of your mortgage debt, the IRS may count that forgiven amount as taxable income under 26 U.S. Code § 108. However, there are exceptions, such as the Mortgage Forgiveness Debt Relief Act (26 U.S. Code § 108(a)(1)(E)) and insolvency rules under 26 U.S. Code § 108(d)(3). We coordinate with tax professionals to ensure you do not receive unexpected tax bills after foreclosure.
Q: What if I have a second mortgage or a HELOC?
A: If your home’s value is less than the first mortgage balance, Chapter 13 allows us to remove the second mortgage or home equity line of credit (HELOC) entirely through a process called lien stripping under 11 U.S. Code § 506(a). The courts do not offer relief for Chapter 7 bankruptcy. Given Spokane’s housing market, we start by conducting a home valuation to see if lien stripping is a viable option for you.
Q: How can I tell if bankruptcy will actually help me keep my home?
A: We’ll evaluate your income, mortgage arrears, and home value. If you can afford your regular mortgage but need time to catch up, Chapter 13 bankruptcy under 11 U.S. Code § 1322(b)(5) allows you to make your past-due payments while keeping your home. If your home is underwater and the payments aren’t sustainable, we’ll explore other alternatives to protect your credit and help you get out of debt.
Q: Can my HOA foreclose on my home in Spokane County?
A: Yes, Washington law allows homeowner associations (HOAs) to foreclose for unpaid dues under RCW 64.38.065. It doesn’t take much––sometimes just a few thousand dollars in missed assessments. Bankruptcy under 11 U.S. Code § 362 can stop an HOA foreclosure and include those debts in your repayment plan if needed.
Contact Our Spokane Attorneys Specializing In Legal Debt Relief Now
With decades of combined experience, our Spokane-based lawyers are here to help you navigate Washington State’s foreclosure laws and protect your home. Reach out today for a consultation.