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Should You Defend Your Mortgage Foreclosure While You're Going Through Divorce?

Sep 03, 2021
Should You Defend Your Mortgage Foreclosure While You're Going Through Divorce?

A divorce case is more than just a process for the dissolution of marriage. Sure, it discusses the details about the union, such as its validity, the reason for the separation, among other things. But more importantly, divorce cases also cover essential aspects such as child support and custody, as well as the division of marital assets.

With regard to the latter, financial accounts are going to be brought to light and examined. Everything co-owned by the spouses, salaries and pensions that are considered marital property, businesses that they started, the assets that they bought during the marriage, will be valued and divided upon divorce. 

Real Estate Assets in Divorce

One of the largest properties that spouses have is real estate. Whether it be their home, an investment property, or a homestead, these assets will be put under scrutiny during a divorce. 

Hence, it’s important that during the process, both parties understand their assets and what they are entitled to. This helps them protect their interests and ensure that the division is fair and correct. This is true even in cases of mortgage foreclosure.

You Should Always Defend Yourself in Mortgage Foreclosure

It’s very important that individuals, regardless if they're getting divorced or not, defend themselves in mortgage foreclosures. Real estate is worth a lot of money, and several people can easily lose their high-value properties because they didn’t defend themselves. 

Banks have the tendency of taking advantage of homeowners because they have corporate attorneys and the law can easily be interpreted for their benefit. However, individuals can protect themselves by engaging competent legal counsel. 

An experienced attorney knows how family law and foreclosure work together and can create a solid defense that helps individuals protect their assets in a divorce. They put banks on the defensive and can beat foreclosures and have them dismissed.

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