Foreclosure Defense Attorney in Fargo, ND

Defending Against Foreclosure in Cass County

If you are at risk of losing your house due to foreclosure, you need experienced legal representation as soon as possible. The Dakota Bankruptcy Firm is here to help you with a wide range of foreclosure defense services. We are a bankruptcy law firm in Fargo that has helped thousands of people avoid foreclosure.

Our Fargo foreclosure attorneys know that many people facing foreclosure are not bad people. They are hardworking individuals who have fallen behind on their mortgage payments due to a variety of reasons.

Our foreclosure defense lawyer will meet with you to review your mortgage agreement and explain your rights and options. If you have fallen behind on your mortgage payments, we can help you explore the possibility of a Chapter 13 bankruptcy or a Chapter 7 bankruptcy.

Call (701) 394-3215 today or contact us online to request a free consultation with one of our foreclosure defense attorneys in Fargo, ND.

Foreclosure Laws in North Dakota

Before you can file for foreclosure, there are a number of factors that your attorney will need to review. First, you will need to determine if the mortgage agreement you signed is a "Statutory Mortgage" or a "Contract Mortgage."

If your mortgage is a "Statutory Mortgage," you will need to comply with North Dakota's Foreclosure Law. If your mortgage is a "Contract Mortgage," you will need to comply with North Dakota's Foreclosure Law as well as the terms of your mortgage agreement.

Under North Dakota's Foreclosure Law, there are four main requirements you must meet:

• You must have been served with a Notice and Demand by your lender
• You must have had 120 days to make payments unless you are a farmer
• You must have had two opportunities to cure the default unless you are a farmer
• You must have had 90 days to cure the default before the foreclosure can begin

These requirements must be followed precisely. If you have any questions about these requirements or the foreclosure process, our Fargo foreclosure defense attorney can help you.

Common Foreclosure Defenses 

If you have been served with a Notice and Demand, you have 120 days to make your payment. If you cannot afford to pay your mortgage payments, you may be able to negotiate a repayment plan with your lender. If you are a farmer, you have 180 days to make your payment.

In some cases, you might be able to negotiate a loan modification with your lender. If you can prove that you have been unable to make your mortgage payments due to financial hardship, you may be able to file for a creditor harassment defense.

Other possible foreclosure defenses include:

• You were not aware that you were behind on your payments
• You were not aware that you were being served with a Notice and Demand
• Your lender failed to follow the correct procedures
• Your lender failed to properly identify the property being foreclosed

If you have any questions about the foreclosure process or the defenses available to you, contact our Fargo foreclosure defense attorney today. We can help you explore your options and take action as soon as possible.

Why Choose Us?

Our Fargo bankruptcy attorneys have helped thousands of people avoid foreclosure. We are dedicated to providing personalized legal services and have a proven track record of helping people throughout North Dakota. We can meet with you to review your mortgage agreement and explain your rights and options. If you have fallen behind on your mortgage payments, we can help you explore the possibility of a Chapter 13 bankruptcy or a Chapter 7 bankruptcy.