Looking for a lawyer current on avoiding foreclosure and possibly keeping my house with very low payments or even no payments.

See a consumer law attorney now will all of your papers. Each law has its own requirements. For example, if you can cancel the loan because of a TILA violation, then all amounts paid are treated as principal and you have to pay back the remaining amount owed without costs or interest. You will not get a free house. If you cannot make any payments, you will not be able to save the house. Most programs require that you be current, except bankruptcy, but you need regular income for that to work.

If you do not have the funds to pay the mortgage it will be almost impossible to save the house, even if the MERS, TILA and other legal facts and arguments provide for aan excellent defense based on standing. I would not waste my money on these issues as no one is going to walk away from the court with the house unless they can refinance or modify the mortgage, and your facts seem to indicate that you have no more income to support a modification. On these issues the best place to look for an attorney who will understand these issues is the web site I have attached. Good Luck.

First, we are so sorry that you are struggling with your mortgage. Have you tried to discuss this issue with the bank directly? If not I suggest you call them and explain your situation and see if they can help. In addition, it is my suggestion that you contact your local BAR association, and/or a local non-profit that specializes in housing aid. We wish you the best of luck with your mortgage.

Any standing challenge based on the MERS connection will be, at best, unpredictable. Only yesterday, a federal judge in Arizona dismissed a large action alleging MERS documents could not be used to foreclose on homes. On the other hand, other actions in other jurisdictions have survived motions to dismiss and are continuing against MERS and some banks (notably, Bank of America). What the law is in South Carolina is only something you can discuss with a consumer attorney or legal aid office in South Carolina. But the situation is fluid, to say the least, and could change tomorrow. The banks and MERS were blindsided by these challenges but they're now doing everything in their power to fight the challenges while "fixing" the process. Even if there are violations of those laws, this is the bottom line: you signed a contract with somebody for a large amount of money in order to gain possession of a house. At some point, you will have to pay or get out of the house. The longer you put it off, the harder it will be. I also wish you the best of luck but it will be best if you negotiate with your bank to modify the loan; you have extenuating circumstances which may help you. If that fails, you can perhaps enter Chapter 13 bankruptcy to catch up on your arrears.