Frequently Asked Questions
What to expect at your first appointment?
The purpose of the consultation is to determine if you are comfortable with Mr. Simonoff and he is comfortable with the representation and discuss cost of representation.Mr. Simonoff, will discuss the situation with you. He will perform a cursory examination of the complaint and attached documents. He will attempt to answer any questions you may have about the Foreclosure process.
Due to the nature of litigation Mr. Simonoff can make no guarantees as to the outcome of any case. When you hire Mr. Simonoff it is to defend the lawsuit and for him to give you his best efforts.
If you decide to hire Mr. Simonoff a fee agreement will be prepared and the terms of the representation will be discussed with you prior to you signing the agreement. You will be given a copy of the fee agreement.
What to bring to your first appointment?
- Bring a copy of the complaint and all attachments.
- Collect all documents and notes that you may have received from the Bank or servicer.
- If you have participated in loss mitigation bring a copy of all loss mitigation packets you filled out, the supporting documents, fax cover sheets, and proof of mailing or receipt.
- If you have had telephone conversations with Bank or Servicer employees about your mortgage, any notes of the conversations, dates, names of employees you spoke with.
- If you have previously filed for bankruptcy the date and case number of the bankruptcy.
- Do a household budget to have an idea of your financial situation, and how it will be affected by a house payment.
- Make a list of questions you have for Mr. Simonoff that you would like answered at the consultation.
What is the time frame for Foreclosure Lawsuit?
As a rule of thumb in Lorain County Ohio, if you do nothing, your house will be sold at sheriff’s sale in about seven (7) months. Also the bank will take a default judgment that will most likely include personal liability for any amount owed above the amount received at the sheriff’s sale, after costs.
With Zachary B. Simonoff, the time frame can be much longer:
The Attorney will answer the complaint;
Attend Status Conferences and Pretrials;
Respond to Motions and assert defenses; and
Oversee loss mitigation options.
Recently, there have been some very homeowner decisions that will affect the way your case plays out, but, if you do not have an Attorney none of that will matter since you lose from the beginning.
Why won’t Mr. Simonoff accept a representation before a Foreclosure Lawsuit is filed?
There are many companies that attempt to get homeowners to pay them to negotiate a loan modification. While there are well intentioned honest people out doing this many of them are scams. In Lorain County, the Lorain County Urban League has been HUD approved and funded to assist in Foreclosure Avoidance. Also they are the conduit for accessing the Ohio Hardest Hit Funds which can get you current if you can make your current payment.
If you are behind on your payments but not in foreclosure contact them immediately. The Urban Leagues website is http://www.lcul.org/housing-services/
Zachary B. Simonoff, is an attorney and litigates foreclosure lawsuits. Filling out loss modification packets and negotiating loan modifications is part of attempting to settle a Foreclosure Lawsuit. Be aware Zachary B. Simonoff make no promises as to whether he can get your loan modified only that he will litigate the lawsuit.
What is a deficiency Judgment and how does is affect me?
A deficiency judgment is a judgment for moneys owed above the amount received at the sheriff’s sale, after costs. The signer of the promissory note be personally liability for that amount.
R.C. 2329.08 limits the collection of a deficiency judgment on a Mortgage two (2) years from the confirmation of sale. This time stops if the creditor undertakes an action to collect on the judgment. After the crisis in 2008 Banks as a general rule have not collected on these judgments. However, two clients have come in with letters from collection companies relating to debts sold by Fannie Mae and Freddie Mac for collection.
Even if you are losing your home Zachary B. Simonoff has been able to personal liability of his clients, so even if you lose your home you will not have the added stress of being pursued for a large debt.