Seattle & Tacoma Foreclosure Attorneys
The challenges and high stakes of Seattle and Tacoma foreclosure cases make them highly overwhelming and intimidating for homeowners. Understanding complex financial terms and dealing with the emotional and financial stress of a possible foreclosure can be a daunting task. Add the stress of potentially losing your home, and it might seem like an impossible battle.
Fortunately, you never have to handle a foreclosure case alone, and you should never try to do so. Seeking professional legal counsel as early as possible in the process is the best thing you can do to protect your homeownership whenever possible.
At Dickson Frohlich Phillips Burgess, our experienced foreclosure attorneys are here to offer guidance and support during these difficult times. If you are facing a foreclosure in Seattle or Tacoma, reach out to our knowledgeable attorneys at Dickson Frohlich Phillips Burgess to protect your rights and explore all available options for your particular situation.
Call our Seattle office at (206) 621-1110 or our Tacoma office at (253) 572-1000 for a consultation to discuss your situation today.
Why Trust Our Team to Protect Your Home?
When protecting your home, you need a legal team with decades of experience and a proven track record of success. Dickson Frohlich Phillips Burgess has over 100 years of combined legal experience focused on protecting your financial future. We have been serving businesses and individuals in the Puget Sound area for more than 25 years. Our award-winning firm is dedicated to finding tailored solutions that protect your financial interests.
Our attorneys take their role as “counselors” seriously. Each attorney at Dickson Frohlich Phillips Burgess boasts an impressive background and unique skill set. When you have a lot at risk, it’s time to let us focus on finding the solutions. We stand as your unwavering advocates, committed to protecting your home and your rights.
Our Tacoma office is located at 1200 East D Street, right along the Thea Foss Waterway.
Our Seattle office is located at 2101 4th Avenue, #700, right downtown, less than a half-mile from the Pike Place Market.
Overview of Foreclosure in Washington State
Before getting into the details of how our foreclosure attorneys can assist you, it helps to review the basics of the foreclosure process in Washington State. Unlike many states, foreclosure can be either judicial or non-judicial in Washington, and the process depends on which type of case you are facing.
Judicial Foreclosure
In Washington, judicial foreclosure is one possible method when a homeowner defaults on their mortgage loan. It involves a court proceeding where a judge oversees the foreclosure process. This method provides homeowners with certain legal protections, aiming to ensure a fair and transparent process.
During a judicial foreclosure, the lender must file a lawsuit against the homeowner, seeking permission from the court to foreclose on the property. The homeowner is then served with a summons and has the opportunity to respond within a specific timeframe. This response period allows the homeowner to present any defenses or counterclaims they may have.
Once the court grants permission for foreclosure, the property will be sold at a public auction, and the proceeds will be used to satisfy the outstanding debt. If the sale doesn’t cover the full amount owed, the lender may pursue a deficiency judgment against the homeowner.
Power of Sale Foreclosure (Non-judicial)
Non-judicial foreclosure, also known as power of sale foreclosure, is the most common method lenders use in Washington. Understanding the power of sale foreclosure process is critical if you are facing the prospect of losing your home.
Unlike judicial foreclosure, which involves a court proceeding, non-judicial foreclosure does not require the lender to go through the court system. Instead, the lender follows a strict process outlined in the deed of trust, which is a document signed by the borrower at the time of taking out the loan. This process allows the lender to sell the property to recover the debt owed by the borrower.
One advantage of the non-judicial foreclosure process is that it is generally faster than judicial foreclosure. The timeline for a power of sale foreclosure can vary depending on the specifics of the case. Still, it usually takes around 120 days from the initial notice to the foreclosure sale. However, it’s important to note that the borrower still has the right to cure the default and stop the foreclosure up until a few days before the foreclosure sale.
No matter which type of foreclosure you face, you need a foreclosure defense lawyer overseeing your case immediately. As soon as you default on your mortgage or suspect you might in the near future, seek help from Dickson Frohlich Phillips Burgess, as we can explore potential solutions to avoid foreclosure in the first place.
When to Contact Our Tacoma and Seattle Foreclosure Lawyers
If you are facing financial difficulties and struggling to make your mortgage payments, it’s important to seek legal counsel as soon as possible. Our foreclosure lawyers in Tacoma and Seattle can evaluate your options and create a strategic plan to address your specific circumstances. Early intervention can provide more opportunities to protect your home and avoid foreclosure.
How Our Foreclosure Attorneys Can Assist You
When you reach out to our experienced Seattle and Tacoma foreclosure attorneys from Dickson Frohlich Phillips Burgess, you can expect personalized support tailored to your unique situation. Here are some of the ways our attorneys can assist you.
Protecting Your Rights Under The Washington Foreclosure Fairness Program
The Washington Foreclosure Fairness Program is designed to help homeowners explore alternatives to foreclosure and potentially reach a resolution with their lenders. Our attorneys have an in-depth understanding of this program and can guide you through its requirements and procedures. We will protect your homeowner rights throughout the process and advocate for the best possible outcome.
Negotiating Alternatives to Foreclosure
Foreclosure should always be the last resort. Our attorneys will work diligently to negotiate with your lender and explore alternatives to foreclosure, such as:
- Loan modifications
- Forbearance agreements
- Short sales
We will diligently assess your financial situation, gather the necessary documentation, and present a compelling case to your lender to find an alternative solution that suits your needs.
Foreclosure Defenses
If foreclosure proceedings have already commenced, our attorneys can mount a strong defense on your behalf. We will meticulously review your case, looking for any procedural errors, violations of the Servicemembers Civil Relief Act (SCRA), or unfair mortgage terms. Our goal is to identify any potential weaknesses in the lender’s case and use them to your advantage.
Procedural Errors
Lenders must follow strict legal procedures throughout the foreclosure process. Any deviation from these procedures may render the foreclosure invalid. Our attorneys will scrutinize every step of the process to ensure that the lender has met all the requirements.
Statute of Limitations
There is a time limit within which a foreclosure action can be initiated. If the lender has missed the deadline, our attorneys can leverage this defense to protect your home.
Lack of Standing
To initiate a foreclosure, the lender must have a legal interest in the loan. Our foreclosure defense lawyers will investigate whether the lender has the proper documentation and standing to foreclose on the property.
Mortgage Servicer Mistakes
Mortgage servicers sometimes incorrectly calculate payments, apply fees, or mishandle loan modification requests. Our attorneys will dig deep into your mortgage history to identify any mistakes made by your mortgage servicer that can potentially invalidate the foreclosure.
Unfair Mortgage Terms
Certain mortgage terms may be deemed unfair or abusive under the law. Our attorneys will carefully review your mortgage agreement to identify any unfair terms that can be used to your advantage.
Incorrect Affidavits or Declarations
During the foreclosure process, lenders often rely on affidavits and declarations to support their case. Our attorneys can challenge their validity if these documents contain false or inaccurate information.
Servicemembers Civil Relief Act Protections
If you are an active-duty service member facing foreclosure, you may be protected under the SCRA. Our attorneys will ensure that your rights under SCRA are fully protected and that the lender complies with all the necessary requirements.
Seattle and Tacoma Foreclosure Defense FAQs
If you’re facing the possibility of foreclosure in Seattle or Tacoma, it’s natural to have a lot of questions and concerns. The foreclosure process can be complex and overwhelming, but you don’t have to navigate it alone.
Here are some frequently asked questions about foreclosure defense. Of course, if you want to discuss your specific situation and concerns, never hesitate to consult our Seattle and Tacoma foreclosure defense lawyers at Dickson Frohlich Phillips Burgess directly.
What is foreclosure, and how does it work?
Foreclosure is a legal process in which a lender takes possession of a property when the borrower fails to make mortgage payments. It usually starts with a Notice of Default, which is a formal notification from the lender stating that the borrower is in default and that legal action may be taken. If the borrower doesn’t take steps to resolve the default, the lender can proceed with a foreclosure. If the lender is successful, the property will be sold.
How can an attorney help with foreclosure defense?
Our experienced foreclosure defense attorneys can be invaluable ally in protecting your rights and interests during the foreclosure process. We can help you understand your legal options and guide you through the complexities of Washington’s foreclosure laws.
One of the key ways our attorneys can assist you is by examining the details of your case to determine if there are any violations of your rights by the lender. We will review the loan documentation, including the mortgage agreement and foreclosure notices, to check for any procedural errors or predatory lending practices. If any violations are found, we can use this information to build a strong defense strategy and potentially negotiate a favorable outcome, such as loan modification or foreclosure alternatives.
Additionally, our attorneys can represent you in court and fight to protect your home. We can file necessary legal motions, gather evidence, and present arguments to challenge the foreclosure proceedings. With our extensive experience in foreclosure defense, we can advocate for your rights and work toward a resolution that protects your financial future.
Should I hire an attorney for foreclosure defense?
Having legal representation can greatly increase your chances of a successful outcome. Foreclosure is a complex legal matter, and lenders often have teams of attorneys working on their behalf. By hiring your own attorney, you level the playing field and ensure you have a trusted advocate.
Our foreclosure attorneys can provide personalized advice, explain your options, and guide you through the foreclosure process step by step. We can assess your financial situation, evaluate the strengths and weaknesses of your case, and provide strategic advice tailored to your specific circumstances.
With our experience, we can guide you to make informed decisions and take the necessary actions to protect your home and financial interests.
In times of financial distress and uncertainty, having a knowledgeable and compassionate attorney by your side can make all the difference. Our legal team at Dickson Frohlich Phillips Burgess can provide the support and guidance you need to face the foreclosure process and empower you to make the best decisions for your future.
Remember, the clock is ticking when it comes to foreclosure. Don’t delay in seeking legal help. Contact our experienced attorneys today to schedule a consultation and learn more about how we can defend against foreclosure in Seattle, Tacoma, and the surrounding areas.
Consult Our Seattle Tacoma Foreclosure Attorneys
If you are facing foreclosure in the Seattle or Tacoma area, our foreclosure attorneys at Dickson Frohlich Phillips Burgess are here to help. Protecting your home and your rights is our top priority.
Contact us today at (206) 621-1110 in Seattle or (253) 572-1000 in Tacoma to schedule a consultation with one of our experienced attorneys. Let us provide the guidance and support you need for your foreclosure and find the best solutions for your situation. Remember, time is of the essence, so don’t hesitate to reach out for assistance.
