Notice: Due to COVID-19, we will be conducting all consultations either via video chat, phone, or email. Please don’t hesitate to call us if you have any questions!
Backed by 25+ Years of Excellence Benefit From The Decades of Experience of Our Atlanta Foreclosure Lawyer

Sandy Springs Foreclosure Defense

Compassionate Guidance from Experienced Attorneys

A suburb of Atlanta, Sandy Springs is a thriving city with a vibrant arts and music community. It is also an excellent place for those who love the outdoors. From Centennial Olympic Park to the Atlanta Botanical Garden, there is no shortage of things to do, making Sandy Springs a popular place to live and work.

According to Zillow, the average home value in Sand Springs has increased by 6% in the last year. While this is great for some people, rising home costs over the last several years have caused some to struggle and even face foreclosure.

If you are someone who has made Sandy Springs your home, the thought of losing your house and having to leave this vibrant community can be incredibly distressing. An unexpected foreclosure can threaten your and your family's financial stability and future. At Schuyler Elliott & Associates, Inc., we understand what you're going through, and our foreclosure defense attorneys are here to help.

Contact our Sandy Springs foreclosure lawyers today to discuss your foreclosure defense options. Call (770) 400-9102 or message us online.

What Is Foreclosure Defense?

Foreclosure defense refers to the legal strategies that may be used in an attempt to prevent or delay the foreclosure process initiated by lenders. This may involve challenging the foreclosure action in court and raising any defenses applicable to the homeowner's situation.

Common defenses might include:

  • Questioning the lender’s right to foreclose due to procedural errors,
  • Highlighting a lender's failure to follow state-specific foreclosure procedures or
  • Presenting evidence of unfair lending practices.

The objective of foreclosure defense is to keep you in your home and/or negotiate more favorable terms through loan modification, a short sale, or another alternative resolution. At Schuyler Elliott & Associates, Inc., our experienced foreclosure defense attorneys meticulously analyze each client’s case to identify possible strategies for their unique circumstances.

What Is a Short Sale & Should You Pursue One?

A short sale occurs when a homeowner sells their property for less than the amount owed on the mortgage with the lender's approval. This option can be beneficial during a foreclosure because it allows the homeowner to avoid the negative consequences of a foreclosure on their credit report (instead of a foreclosure, it will appear as settled debt). It also enables the lender to recover a portion of the loan amount without undergoing the lengthy and costly foreclosure process.

It is often recommended that you consult with a foreclosure defense attorney before pursuing a short sale. Your attorney can provide valuable insight into whether this option best aligns with your financial and personal circumstances.

Understanding Surplus Funds in Foreclosure Cases

Surplus funds occur when a property is sold at a foreclosure auction for more than the amount owed on the mortgage, including any applicable fees and costs of the foreclosure process. These extra funds represent a financial excess that does not automatically go to the foreclosing lender but may be claimed by the former homeowner or other lienholders.

Who Gets to Collect Surplus Funds?

The priority for collecting surplus funds typically follows the legal order of lien precedence. After the foreclosing lender's dues are settled, any remaining surplus funds are held by the court and may be claimed by other lienholders, if any exist, in the order of their legal priority. If there are no lienholders or their claims have been satisfied, the former homeowner may claim any remaining funds.

Former homeowners must understand their rights to these funds and the process for claiming them, which often involves filing a motion in the foreclosure case. Legal guidance can be invaluable in navigating this process.

How a Foreclosure Defense Attorney Supports You

Hiring one of our Sandy Springs foreclosure defense attorneys can bring you a knowledgeable ally. Our attorneys can help with a wide range of tasks, including meticulously reviewing all your relevant documents, such as your mortgage agreement and purchase contracts. We can then sit down with you to help refine your goals and understand your options and potential outcomes.

Ultimately, we aim to provide you with robust counsel that helps you safeguard your interests through every step of the foreclosure process—whether in negotiations, filing necessary claims, or representing you in court. At Schuyler Elliott & Associates, Inc., our attorneys, who have successfully assisted countless clients in Sandy Springs foreclosure cases, are committed to tireless client advocacy.

Get the help you need today; call (770) 400-9102 or send us a message online for a free consultation.