BANKRUPTCY

DIVORCE

LEGAL Q&A

Dear John,
I recv'd a Notice of Foreclosure yesterday.  I am three months behind on my payments.

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We'll stop the stress and give you a fresh start. At The Merna Law Group, P.C. (MLG) we have helped thousands of individuals and families get a financial and marital fresh start. Considering bankruptcy or divorce can be stressful and leave you feeling alone, trapped and helpless. The Merna Law Group provides caring an compassionate legal representation. Our professional, experienced and friendly attorneys and staff will guide you effortlessly through the complicated legal maze of the judicial system. Whether you are considering bankruptcy (Chapter 7 or Chapter 13), are faced with a judgment, garnishment or lien, or a faced with a divorce, child custody or alimony/support battle, our attorneys can help. The Merna Law Group was founded in 2003 by John G. Merna, Esq., on the premise that a law firm does not have to be formal, judgmental or aloof to be good at practicing law. We prides ourselves on our casual, accessible and friendly office environment. From the time you pick up the phone to call you will experience our friendly, helpful approach to law. An attorney is available right now to answer your general questions. We welcome you to compare. Visit our office then visit other attorneys offices and we believe you will feel more comfortable, more informed and more relaxed about your future and what to expect. Call us today to find out how we can help you rebuild your life quickly, affordably and stress-free. Our offices in Virginia Beach and Newport News have serviced thousands of clients living in Chesapeake, Portsmouth, Norfolk, Suffolk, Virginia Beach, Hampton, Newport News, Williamsburg, Yorktown and the Eastern Shore. In addition to bankruptcy, divorce, child custody/support and other family law matters, we also offer assistance with Wills, Trusts, Power of Attorney (POA) and Probate. Give us a call today. We look forward to helping. Sincerely, John G. Merna, Esq. Founder, The Merna Law Group click to return

LEGAL Q&A

01/02/08      FORECLOSURE CAN PUT HOMEOWNERS ON THE STREET

Dear John,
I recv'd a Notice of Foreclosure yesterday.  I am three months behind on my payments.  The letter said my house will be sold in about five weeks.  I have been calling the mortgage company daily to negotiate to catch-up on the payments.  All they say is they are reviewing my account and will get back to me.  What do I do?

Dear Homeowner,
Take action! You need to take control of the situation. Do not wait for them to help you. Most of the time they do not.

Soberly assess your situation.  What caused you to fall behind?  Illness.  Job loss.  Divorce.  Interruption in income.  You need to realistically decide if the cause of your delinquency has been corrected.  If you are not able afford the mortgage your options are different then if you are no longer cash-strapped. 

Contact an Attorney familiar with foreclosures.  A knowledgeable attorney can not only save you money but also save your house.  Your options for correcting the delinquency range from reinstatement, a repayment plan, a loan modification, reorganization through bankruptcy, sale of the property, a refinance, etc.  A knowledgeable attorney can quickly assess which of these options are possible given your credit, your income and your payment history. 

“Being faced with foreclosure can be the most frightening experience of a person’s life. The staff and attorneys at my firm try to remove the fear and embarrassment so we can concentrate on solving the problems.”

Avoid Scam Artists.  When your property is foreclosed on the Notice is often advertised in the local newspaper and recorded on the municipal or county records.  Scam artists watch these notices and contact homeowners promising to stop the foreclosure.  Too often they are not told until after they pay a hefty fee that they can be helped.  Or the scam artist offers to purchase your property for little to nothing.  Beware.  Talk to an attorney about any offers.  You don’t need to lose your house and your hard-earned savings because you did not get property legal advice.

Control your fear.  Fear can be immobilizing.  You will be afraid.  You will be stressed.  Just don’t let it stop you from formulating an approach for seeking knowledgeable counsel.  Your friends, relatives and even clergy will out of sincere concern and good intentions want to give you advice and guidance to assist you.  But remember, they are not professionals and do not have legal background or experience.  You will be the one that lives with their error.

Don’t take the mortgage company’s word.  Many people enter foreclosure due to the mortgage company’s error. The lender will often delay and give homeowners the run around only to tell them days before the sale that they cannot help them. The more time available to solve your problem, the more options you will have. Many a homeowner has found themselves on the street because they relied on the wrong advice. Your mortgage company, like the scam artist, is looking out for their own interests, not yours. Get an advocate, a knowledgeable foreclosure attorney who can guide you through the paperwork maze.

Act today.  As I have repeated throughout this article.  Time is not your friend.  The less time you have, the fewer options you have.  Call an attorney today and I am sure I will be publishing your thank you letter in my next column instead of your tale of woe.  Don’t try to be your own expert and don’t rely on the internet.  Foreclosure laws vary from state to state.  Once again, call an attorney today.

John G. Merna, Esq., is licensed and has practiced foreclosure law, bankruptcy and real estate law in both Virginia and California for the past 10 years.  He does not use paralegals, instead he believes in dealing directly will all clients to solve their difficulties. 

Contact Info:
The Merna Law Group, PC Tel:(757)340-4070. E-mail:

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