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The Commercial Mortgage Litigation Time Frame

Many business owners facing foreclosure are often concerned with how much time they

will have to spend avoiding foreclosure if their case goes to trial. Various factors come in to play when determining an approximate commercial mortgage litigation time frame. Those factors include:

Value of the property: The value of the property is a good determination to how hard the lender will fight to keep their investment. Foreclosure on a high value property could potentially yield more profit at auction than low value property. This is not to say that the task of fighting to avoid foreclosure will be made any easier for owners of low value property, only to say that borrowers may notice more of an effort from their lenders to foreclose on a property if potential profits appear larger.

The amount of evidence presented by each party: The beauty of the court system is that both sides can take as long as they want to present evidence relevant to their case. If both parties have a substantial amount of evidence to present, the length of the trial will be extended accordingly.

The court schedule: If the courts become back logged with cases, it could take up to several months before a trial can even begin.

There are other factors that will affect the commercial mortgage litigation time frame, but the above are examples that generally apply to each case. A foreclosure attorney should be consulted for more information regarding the specific circumstances of each borrower, as each borrowers case will be different.

Even though foreclosure is often described as more expensive for a lender than providing assistance to the borrower, the arguments made above are made with the assumption that the lender has already refused or failed to provide assistance.

The amount of time that will be invested in a commercial mortgage litigation case should be treated just like the amount of money that will be invested in the case. While it may seem like a burden to the business owner to invest any amount of time in order to save their business from foreclosure, failure or a lack of desire to make the investment could cost the property owner more in the long run than it would cost to fight to keep the property.

It is important that property owners also realize that a lack of funds is no reason to deny oneself expert legal representation in court. Most foreclosure attorneys who can help a struggling business owner avoid foreclosure will offer some kind of payment plan to ease the burden of paying for legal services. Foreclosure attorneys specialize in helping people who are facing financial burdens so extreme that the repossession of their home or business has become a very real possibility in their lives. If foreclosure attorneys only represented people who could afford to pay for their services up front, there probably wouldnt be too many foreclosure attorneys in business.

The business owners best bet is to contact a foreclosure attorney in their area to determine what kind of payment plan the attorney would be willing to work out that would allow the borrower a fair chance at avoiding foreclosure and maintaining ownership of the property in question.

by: Timothy McFarlin
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The Commercial Mortgage Litigation Time Frame