Foreclosure Defense


Perrotta & Cahn provides effective foreclosure defense representation with the goal of helping struggling homeowners in northwest Georgia. Our attorneys understand that the threat of foreclosure is difficult to face. However, proactively assessing your loan documents and realistically addressing your debt situation may allow you to stay in your home.

Wrongful Foreclosure & Improper Lending Practices

Across the country, lawmakers and courts have taken issue with illegal lending practices, such as robo-signing and predatory lending, and in some cases foreclosure may be stopped if a lender failed to follow requisite procedures at the time a loan was issued or transferred. Therefore, our first step in preparing a foreclosure defense is to conduct a legal compliance analysis, checking County Records to make sure loan recordings and assignments were properly completed and filed in accordance with Georgia law. These investigations may uncover defenses to foreclosure, such as:

  • Violations of the Truth in Lending Act (TILA)
  • Improper securitization
  • Violations of the Uniform Commercial Code (U.C.C.)
  • The lender waited too long to initiate foreclosure (expired statute of limitations)
  • The existence of a modification scam
  • Unfair debt collection practices

If our attorneys determine that there may be an error in your mortgage account, we have experience making “qualified written requests” under the Real Estate Settlement Procedures Act (RESPA). Lenders that receive a RESPA request are required to either correct the error or provide a written explanation as to why the lender believes the account is correct. If the lender fails to comply with the request, you may be entitled to actual damages, up to $1,000 of additional damages if there is a pattern of noncompliance, costs, and attorneys’ fees.

Quiet Title Actions

If a foreclosure has been dormant for five years, we may pursue a “quiet title” action, which establishes a party’s title to property and removes, or quiets, any challenges or claims to it. If we are successful in a quiet title action, your mortgage debt is wiped out and you receive a clean deed to your home.

Comprehensive Foreclosure Defense Strategy

In addition to searching your loan documents for any compliance issues, our attorneys will assess your overarching financial situation to determine your best options for fighting foreclosure and maintaining stability in the interim, including:

  • Negotiating a workout with your lender
  • Seeking a mortgage modification or principal write-down
  • Catching up on arrears and reinstating your mortgage
  • Arranging for a short sale or deed in lieu of foreclosure
  • Filing for bankruptcy

Our attorneys will thoroughly discuss foreclosure defense strategy with you so that you may choose the most favorable course of action to resolve your situation. In all cases, we work to shift bargaining power in favor of our clients, while managing expectations and maintaining realistic goals. We also assist in post-foreclosure defense, including defending against deficiency judgments and eviction defense.

Talk to an Experienced Foreclosure Defense Lawyer in North Georgia

Our firm is sensitive to the mental and emotional strain caused by financial worries, especially when your home is in jeopardy. If you face foreclosure, please contact Perrotta & Cahn to schedule a free initial consultation. We have offices in Cartersville, Calhoun, Dalton and Dallas to conveniently serve clients throughout northwest Georgia.