To stop NewDay Financial LLC foreclosure many Texas homeowners choose to file a lawsuit against NewDay Financial LLC rather than file a Stop Foreclosure without filing bankruptcy. The J. Gannon Helstowski Law Firm files lawsuits against NewDay Financial LLC and asks the judge to agree to stop the foreclosure. We offer a Money Back Guarantee that if we do not stop your foreclosure we will refund all the fees you paid us minus the filing fees of the lawsuit. We offer aggressive representation of you against NewDay Financial LLC.
While each stop foreclosure lawsuit is unique, most follow the same pattern:
We will first gather all the details of your situation and make sure that we believe a successful outcome is possible with NewDay Financial LLC in our Initial Consultation (IC). If you decide to hire our firm you will be assigned a case manager and attorney to work your case. They will gather the documents needed from you and begin drafting your lawsuit. You will need to be available to answer questions and review a copy of your lawsuit before filing. Once filed, your assigned attorney will appear before a judge to request that a Temporary Restraining Order (TRO) be granted. If the judge signs the TRO, we will pay the bond and notice NewDay Financial LLC that the foreclosure must be stopped.
Once the TRO is granted we will begin working hard for you to achieve a permanent resolution with NewDay Financial LLC. Outcomes can include keep your home with a loan modification, keep your home with a refinance, sell your house and keep the equity, possible short sale, leave your house for cash for keys, or stay in your home for a longer duration.
Often a lender will ask the judge to remove your case to Federal Court. If the judge agrees, it will cost more the pursue your claims against NewDay Financial LLC. Federal court has many strict guidelines and rules that must be followed to keep your case alive. We will have to represent you in a couple of likely motions that the NewDay Financial LLC will file in the case. We will answer the Motion to Dismiss and Motion for Summary Judgment for you if you retain us to represent you in Federal Court.
While a majority of the cases end in NewDay Financial LLC offering a loan modification or terms that allow our clients to keep their home, they may not be able to take advantage of the opportunity. Some possible options to resolving the case are:
Permanent Loan Modification to Keep Home – A loan modification maybe offered that allows the homeowner to keep the home at a monthly mortgage payment that they can afford. The permanent modification will replace the existing mortgage with new terms.
Sale of House – By filing a lawsuit against NewDay Financial LLC, you can possibly negotiate a principal reduction that allows you to sale the home at a small profit. A lawsuit can also possibly allow time to sale the house at a better price.
Short Sale of House – By filing a lawsuit against your lender, you can possibly use the time that allows you to sale the home and avoid more credit problems and a large mortgage deficiency balance.
Cash for Keys – After filing a lawsuit against NewDay Financial LLC and your other options fail, you may be able to obtain a larger Cash for Keys settlement with the lender.
Staying in Home for an extended time – After filing a lawsuit against your lender and all your other options fail, you have stayed in your property for a much longer duration that may allow you to put yourself in a better position to move on.