Foreclosure Appeals
Appellate Court Help from a Massachusetts Foreclosure Defense Attorney
The appellate court - or court of appeals - is a court that hears appeals of a previous trial decision. Appeals can be heard for various decisions made in a trial court concerning all types of law. The primary responsibility of the appellate court is to review a case and determine whether or not the trial court made a serious mistake that could have potentially changed the final outcome of a case.
Winning in appellate court can have its challenges. Because appellate court does not accept frivolous cases - or lawsuits brought to court simply because you did not like the final result - appeals must have substantial evidence. At The Law Office of Glenn F. Russell, Jr. we have extensive trial experience, and some of our most notable case results have been successful hearings in appellate courts!
We are extremely dedicated to helping individuals and families stay in their Massachusetts homes. If you feel as though your initial foreclosure trial yielded an incorrect ruling, you can trust that a Massachusetts foreclosure defense lawyer from The Law Office of Glenn F. Russell, Jr. can review your case and determine the grounds for foreclosure appeal.
Hire an experienced attorney to defend your interests from the outset!
Avoid appellate court or a foreclosure appeal altogether by hiring an experienced attorney from our firm who can represent you aggressively to the full extent of the law from the outset! Founding Attorney Glenn F. Russell, Jr.'s approach to all foreclosure defense cases is to attempt to achieve the best possible result for the client by focusing on his or her best interests. By seeking legal representation that is looking out for your needs from the beginning, you may not even need to take your foreclosure defense case to an appellate court!
Attorney Russell was voted as Massachusetts Lawyer of the Year by Massachusetts Lawyers Weekly in 2011. He has also successfully represented several cases before the Massachusetts Supreme Court and the U.S. the First Circuit Court of Appeals. Having a competent understanding of foreclosure laws, drafting a strategic plan, and creating an aggressive defense for the client can help ensure that a good argument will be offered in court.
Contact our firm as soon as possible to enlist the service of a Massachusetts foreclosure defense attorney. Though nothing is ever guaranteed in this area of law, the cutting-edge and aggressive legal representation from our firm could be your greatest asset in a foreclosure defense case. Don't hesitate a moment longer.
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Our FAQ
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Do I really need a foreclosure lawyer?Absolutely. Should you need foreclosure defense counsel, only an experienced attorney can determine which course of action is best for you. Whereas predatory scam artists try to prey on your financial vulnerability, a skilled foreclosure defense attorney genuinely can look out for the best interest of you and your family. Legal advice must be practical and efficient in order to be effective, so if you need strong legal guidance, trust that The Law Office of Glenn F. Russell, Jr. can offer the counsel needed to successfully navigate the complicated legalities of foreclosure or bankruptcy.
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Third parties are offering to help my foreclosure process. How do I know who to trust?
Perhaps one of the greatest obstacles individuals encounter during the foreclosure process is learning who to trust and who to avoid. Due to the nature of the foreclosure process, descriptions of any homes being foreclosed may be published and accessible as public information. It is a sad truth that there are fraudulent companies that prey on public lists of foreclosing homes and attempt to take advantage of a people's financial vulnerability.
You may be contacted by mortgage brokers, mortgage negotiators, or mortgage holders. You may also be contacted by a Massachusetts bankruptcy attorney or a private financier who offers to help you sort out your finances. These parties may be dependable sources of legal and helpful advice during your foreclosure.
Unfortunately, there are frauds and scam artists who will try to take your home or your money without providing any sort of service. A general word of advice we give to clients to follow is: If a deal sounds too good to be true, it probably is. Avoid scams with the help of a qualified attorney from our firm!
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What happens at a foreclosure sale?
It doesn't happen all the time, but if you have exhausted all of your legal alternatives and feel as though a foreclosure or short sale is the last resort, you need to know what to expect.
No foreclosure sale is exactly the same, but for the most part, the foreclosure sale process typically involves the following:
- Lenders must first send a notice of a foreclosure to the homeowner. The notice must be sent at least 14 days prior to the foreclosure sale date.
- A foreclosure sale will take place at the date, time, and place specified in the foreclosure notice.
- The foreclosure sale will be conducted by a licensed auctioneer. The auctioneer will read various legal notices, descriptions, and documents pertaining to the property.
- The auctioneer will take bids on the property, take deposit checks, and accept the highest bid to close the foreclosure property sale.
- Parties - including the mortgagor, the purchaser, and the auctioneer - will draft a foreclosure deed, which must be recorded and filed at the Registry of Deeds.
- A grace period - typically 30 days - will be given to allow the purchaser to line up financing.
- A closing will take place, and the new owner will formally take title to the foreclosed property.
All monies paid by the new purchaser will go toward paying real estate taxes, owed mortgages, and payments to creditors or other debts owed on the property. If no one at the foreclosure sale is able to bid a high enough amount to cover the debt of the property, then the balanced owed - called a deficiency - would then be the liability of the old owner.