Every month, nearly a quarter million home loans are considered in default or in foreclosure. Here in Kansas, many thousands of us have had to hand over the keys and walk away. In Johnson County, Kansas alone there are between 50 and 100 new foreclosure cases filed each month.
Foreclosure is not the end. In Kansas, the law requires foreclosures to be litigated in court. In fact, the Johnson County, Kansas District Court has special rules that determine how a foreclosure is handled. Despite opportunities to test the evidence, some attorneys push consumers into bankruptcy as a way to defend a foreclosure. Other attorneys may show up to court for you, but do not actually litigate the case to hold mortgage companies accountable. The message of Vokins Law Office, LLC, is that foreclosures are much misunderstood. Just because you get a letter from your mortgage bank does not mean you have to leave. It doesn't mean you have to file bankruptcy or that you have no defense. A foreclosure is something that you can - and should - litigate, and it works like any other litigation. Your attorney must be vigilant and assertive, looking for errors in the paperwork that may buy you precious time or cancel the foreclosure entirely.
"Even though the banks think so, the truth is that foreclosures are not over just because a lawsuit is filed. Foreclosure is a lawsuit like any other. You can litigate, demand documents, take depositions, find loopholes and use the law to make the bank prove its case. Most banks assume that regular hard working people all around our region - in Johnson County, Olathe, Overland Park and Kansas City - are too afraid to make them prove their case. They are wrong." -Tai Vokins, Olathe Foreclosure Defense Attorney
Defending against foreclosure is not a simple business, but it can be done successfully. Sometimes there is a procedural problem. Sometimes you discover that the bank does not hold the note on the loan. Sometimes fraud is uncovered, and a foreclosure defense case becomes a successful consumer protection lawsuit.
If you are facing foreclosure, choose an attorney who is familiar with the problem — one who has faced down banks in the past and prevailed — someone who has a passion to defend consumers against predatory practices.