Best Foreclosure Lawyers in Dehiwala-Mount Lavinia

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Shums Associates

Shums Associates

Dehiwala-Mount Lavinia, Sri Lanka

Founded in 2001
50 people in their team
About USWe Serve Since 2001We are a full-service commercial law firm, founded in 2001 to serve as a single-window legal service provider in a dynamic...
Sinhala
English
Tamil

About Foreclosure Law in Dehiwala-Mount Lavinia, Sri Lanka

Foreclosure law in Sri Lanka, including Dehiwala-Mount Lavinia, involves a legal process set in motion by a lender to reclaim a property due to the homeowner's failure to pay their mortgage loans. The laws governing foreclosure in Sri Lanka are based on the Mortgage Act No. 6 of 1949 and its amendments. Foreclosure is a complex process and it's essential to understand the ramifications and potential legal defenses.

Why You May Need a Lawyer

Having a lawyer to guide you through the foreclosure process in Dehiwala-Mount Lavinia, Sri Lanka, is crucial for several reasons. Foreclosure laws can be complicated, and a lawyer can help to ensure that all procedures are rightly followed. A lawyer can also advise on possible options to avoid foreclosure or even negotiate with the lender on your behalf. This could involve restructuring the loan repayment plan, applying for loan modification or declaring bankruptcy.

Local Laws Overview

The local foreclosure process in Dehiwala-Mount Lavinia, Sri Lanka, typically begins after the borrower has missed multiple mortgage payments. The lender will send a default notice and if the default isn't cured, the foreclosure process begins. This process involves several stages: Pre-foreclosure, Auction, and Post-foreclosure. The borrower is allotted a grace period usually referred to as "pre-foreclosure," during which they can negotiate with lenders or pay the outstanding amount. If the borrower is unable to do so, the property may be sold at a public auction. If the property doesn't sell at auction, it becomes the possession of the lending institution.

Frequently Asked Questions

1. Can foreclosure be avoided?

Yes, there are legal ways to avoid foreclosure, such as loan modification or refinancing, but these require the lender's approval. A lawyer can best guide you through these options.

2. After foreclosure, can I reclaim my property?

Reclaiming a property after foreclosure might be possible if your mortgage agreement features a "right of redemption," but this is subject to specific terms and conditions. Consult a legal professional to understand all your options.

3. How does foreclosure affect my credit score?

Foreclosure has a significant impact on your credit score. The exact darkness of the impact may depend on various factors, including your credit score before the foreclosure and how late you were on your payments.

4. Is bankruptcy a better option than foreclosure?

The choice between bankruptcy and foreclosure depends on your financial situation and long-term objectives. Both have significant impacts on your credit score and should be discussed with a legal professional.

5. What is a notice of default in foreclosure?

A notice of default is a document sent by a lender to a borrower, stating that they have fallen behind on their payments and must make the necessary payments during the given period to avoid foreclosure.

Additional Resources

The following resources provide further information related to foreclosure in Sri Lanka:

  • The Bar Association of Sri Lanka: A comprehensive organization offering resources and information about legal proceedings in Sri Lanka.
  • The Legal Aid Commission of Sri Lanka: Provides legal advice and support to those who can't afford private legal services.

Next Steps

If you're facing foreclosure in Dehiwala-Mount Lavinia, Sri Lanka, the first step should be to consult with a local lawyer specializing in foreclosure law. They can assist in understanding the process, your rights, and available options. If you're unable to afford a private lawyer, consider contacting the Legal Aid Commission of Sri Lanka.

Disclaimer:
The information provided on this page is intended for informational purposes only and should not be construed as legal advice. While we strive to present accurate and up-to-date information, we cannot guarantee the accuracy, completeness, or currentness of the content. Laws and regulations can change frequently, and interpretations of the law can vary. Therefore, you should consult with qualified legal professionals for specific advice tailored to your situation. We disclaim all liability for actions you take or fail to take based on any content on this page. If you find any information to be incorrect or outdated, please contact us, and we will make efforts to rectify it.