Legal Rights If I’m Facing Foreclosure

I’m Facing Foreclosure – What Can I Do?

When you’re behind on your mortgage payments, it can feel like you have no control over what happens next. “I’m facing foreclosure,” our clients will say with concern and dread, with no clear idea what options they have to stop it.

Fortunately, if you’re in this situation, you do have legal rights. And understanding them can make a huge difference in how your situation plays out.

As a Memphis bankruptcy attorney, I work with people just like you who are worried about losing their homes. Knowing your rights can give you the power to make smart choices and fight to regain some control over your situation.

You Have the Right to Advance Notice

Before your lender can foreclose on your home, they have to follow certain steps—and that usually starts with giving you proper notice.

In Tennessee, most mortgages require the lender to send you a “breach letter” first. This letter warns you that you’re behind and gives you a chance to catch up before they start foreclosure.

After that, if foreclosure moves forward, you’re entitled to receive official notice of the sale, usually published in a newspaper and sometimes mailed directly to you.

You Have the Right to Pay Off Your Debt and Stop the Foreclosure

Even after foreclosure proceedings begin, you usually still have the right to “reinstate” your loan. That means if you can pay the past-due amount (plus any fees and costs), you can stop the foreclosure process and keep your home.

In some cases, you even have the right to pay off the entire mortgage and reclaim full ownership right up until the sale date. These timeframes are short, though, so it’s important to act quickly.

You Have the Right to Fight the Foreclosure

If you believe the lender made a mistake—like misapplying your payments, violating your mortgage agreement, or failing to follow proper legal procedures—you have the right to fight back. You can challenge the foreclosure in court.

Many people don’t realize this, but sometimes foreclosure cases get dismissed because lenders didn’t follow the rules. Having an experienced foreclosure or bankruptcy attorney by your side makes a big difference if you think there’s been an error and need to go to court.

You Have the Right to Apply for Loss Mitigation

“Loss mitigation” is a fancy term for alternatives to foreclosure, like loan modification, repayment plans, or forbearance agreements.

If you apply for one of these options, federal law often requires the lender to pause the foreclosure process while they review your application. This gives you extra time to work something out and possibly save your home.

You Have the Right to Be Treated Fairly

You’re protected by laws that guard against discrimination and unfair treatment during the foreclosure process. For example, lenders can’t target or mistreat you based on your race, gender, religion, national origin, age, or disability.

You also have protections against foreclosure scams. No legitimate company should ever pressure you to sign away your rights or pay big fees upfront for help.

You May Have the Right to Stay Longer After Foreclosure

Even if the foreclosure sale goes through, you might not have to leave your home immediately. In Tennessee, the new owner usually has to formally evict you through the court system, which gives you extra time to move out or negotiate another solution.

It’s not much, but knowing you have a little breathing room can help you plan your next steps more calmly.

The Right to Legal Help to Avoid Foreclosure

Here’s the best part: If you’re wondering, “What are my legal rights if I’m facing foreclosure?” you have one more major tool at your disposal. You have the right to an attorney.

If you’re feeling overwhelmed or unsure where to start, you don’t have to go through this alone. As a bankruptcy attorney here in Memphis, I’ve helped thousands of people get out of debt and keep their homes.

I can help you understand all your options so you can make the best decision for your specific situation.

Knowing your rights can help you protect yourself, your family, and possibly even your home. But it’s important to move quickly. If you’re facing foreclosure, don’t wait until it’s too late.

Reach out today for a consultation. Together, we can build a plan to protect your rights, your home, and your future.