Debt/ Foreclosure Defense

Debt/ Foreclosure Defense

The Law Offices of Vladimir A Uman, P.C. is proud to offer premiere debt and foreclosure defense services to our clients. We examine all substantive and procedural defenses you may have against the lawsuit, and relentlessly advocate on your behalf through trial or settlement. If you are facing a debt collection or foreclosure law suit, please call us today at 773-521-7201 to discuss your options.

Debt Defense

The past decade has brought economic hardship to millions of hard-working Americans. With housing values plummeting, and unemployment rates at near record highs, many people have had to rely on credit cards to make ends meet.

Credit card companies took full advantage of the economic downturn by aggressively marketing high interest cards with unfair and abusive terms to helpless consumers. And predictably, once consumers fall behind on their outrageously high monthly payments, creditors begin aggressive collections proceedings. These can often lead to law suits, money judgments for the amount owed, interest, attorneys fees and costs, and wage garnishments of as much as 15% of the debtor’s gross income.

The most troubling aspect of these practices, from the standpoint of debt consumers and their advocates, is that with a knowledgeable and aggressive debt defense attorney, most credit card collections law suits can be dismissed, even without having to file for bankruptcy. Credit card companies and debt buyers rely on the average debtor’s ignorance of Illinois rules of civil procedure, evidence law, and the numerous state and federal statutes governing collections practices, to obtain default judgments and unfair settlements.

The Law Offices of Vladimir A Uman, P.C. has been successfully defending debt collection lawsuits against consumers in the Chicago metropolitan area for years. We have helped consumers fight off credit card collection law suits on numerous grounds, including:

  1. Creditor’s failure to comply with the Illinois Collection Agency Act;
  2. Creditor’s failure to plead sufficient facts, or to state a claim of action in the complaint;
  3. Creditor’s failure to attach necessary documentation of debt to the complaint;
  4. Creditor’s failure to prove standing standing to sue;
  5. Creditor’s failure to prove existence of a debt at trial;

Where a complete dismissal is not possible, we can assist you in negotiating a favorable settlement for a fraction of the amount claimed, and explore the option of bankruptcy.

Before agreeing to any debt settlement or appearing in court on a summons, you need to know your rights. Call us at 773.521.7201 to discuss how the Law Offices of Vladimir A Uman, P.C. can defend your rights under the law.

Foreclosure Defense

The housing boom of the last decade was largely fueled by over-zealous and unscrupulous lenders marketing and issuing loans to hardworking consumers without disclosing to them the real ramifications of the obligations they were undertaking. Many loans were issued with extremely high interest rates, and others were made with interest rates that would grow significantly in the future, making the homeowner’s monthly payment unsustainable.
Many consumers bought into the loans mistakenly believing that real estate values would rise indefinitely, making it possible to sell or refinance their home mortgages in the future. This illusion was actively indorsed by mortgage brokers, loan officers and realtors, each of whom stood to personally benefit from the commissions earned on the closing of these transactions.

Unfortunately, the last decade has seen the real estate market collapse and home values dropped dramatically.  This has left homeowners owing much more on their homes than the present values of their properties. It has also caused millions of homeowners to fall behind on oppressively high monthly payments, and to face the loss of their homes to foreclosure and financial ruin.

Fortunately, in Illinois, home foreclosures are judicial proceedings governed by the Illinois Mortgage Foreclosure Law, Illinois Code of Civil Procedures, and other applicable state and federal laws designed to afford debtors their right of due process. The Law Offices of Vladimir A Uman, P.C. will explore every legal defense available to you to stop the foreclosure process permanently, help you modify your home loan to terms you can afford, and/or negotiate with your bank on a short sale of your property.

We will review with you your closing documents, payment history, and current financial situation to tailor the right legal strategy for your particular situation.

Legal defenses and counterclaims to foreclosures can include:

  1. Plaintiff’s failure to produce the mortgage and/or note upon which the alleged obligation is based;
  2. Plaintiff’s failure to provide certain disclosures at the closing of the property, in violation of the federal Truth in Lending Act;
  3. Plaintiff’s collusion in fraudulent and deceptive practices of mortgage brokers;
  4. Fair Debt Collections Practices Act violations;
  5. Failure to accelerate the note;
  6. Incorrect notice or service;
  7. Plaintiff’s failure to give debtor proper credit for payments made towards the loan obligation;
  8. Many other defenses and counterclaims based in federal and Illinois state law.

Call us at 773.521.7201 to get the help you need from a knowledgeable and aggressive foreclosure defense attorney who will fight to keep you in your home.