Hiring an foreclosure prevention attorney during this process is imperative.
You want an experienced attorney to ask the lender to produce the promissory note and justify the foreclosure proceeding.
The Courts in Virginia do not favor using a Temporary Restraining Order (TRO) to stop an impending foreclosure sale.
Normally, a court would only issue a temporary restraining order if the foreclosure process laid out in the law is not followed properly, but positive evidence of the failed procedure is hard to develop and most judges require compelling evidence before they will issue a TRO.
Foreclosure law in Virginia is skewed to favor lenders over homeowners.
Normally, publication of a set of two public ads with 1) the public sale date and place, 2) terms of payment required, and3) property description is all that is required to conduct a foreclosure in Virginia.
We will make the lender weight and hear your side of the story.
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