Best Foreclosure Lawyers in Kisumu

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Muma & Kanjama Advocates

Muma & Kanjama Advocates

Kisumu, Kenya

Founded in 2006
50 people in their team
About UsMuma & Kanjama Advocates was established in 2006 as a full-service law firm. We have since positioned ourselves as leaders in ethical...
Swahili
English
Ameli Inyangu & Partners, Advocates - AIP Kisumu

Ameli Inyangu & Partners, Advocates - AIP Kisumu

Kisumu, Kenya

Founded in 2004
50 people in their team
Our ServicesAmeli Inyangu and Partners specializes in provision of services to individuals and corporates in all aspects of commercial law. We are a...
Swahili
English
Obara & Obara Advocates

Obara & Obara Advocates

Kisumu, Kenya

Founded in 2002
50 people in their team
Obara & Obara Advocates is a well-known and reputable Kenyan legal company that was founded 20 years ago.We are dedicated to delivering...
Swahili
English
Wasuna & Company Advocates

Wasuna & Company Advocates

Kisumu, Kenya

Founded in 1994
50 people in their team
About UsWASUNA & COMPANY Advocates was established in 1994 when our principal partner MR. FRANCIS ERIC WASUNA retired from the firm of OMBIJA,...
Swahili
English
Ogejo, Omboto And Kijala Advocates

Ogejo, Omboto And Kijala Advocates

Kisumu, Kenya

Founded in 2018
50 people in their team
OverviewWe are a boutique law firm situated in Kisumu (being its Headquarters) and Nairobi. The firm has three Partners namely Mr. Ibrahim Stanley...
Swahili
English
AKO Advocates LLP

AKO Advocates LLP

Kisumu, Kenya

Founded in 2015
50 people in their team
AKO Law is a mid-size law firm, pre-eminent in providing specialized legal and regulatory advisory services , high-level dispute resolution and...
Swahili
English
Behan & Okero Advocates

Behan & Okero Advocates

Kisumu, Kenya

Founded in 1988
50 people in their team
Firm OverviewBehan & Okero is a law practice with chambers in Kisumu and Nairobi. The firm was established in 1988 in Kisumu with its Nairobi...
English
Swahili
MKK Advocates

MKK Advocates

Kisumu, Kenya

Founded in 1971
50 people in their team
Vision StatementTo provide highest quality legal services, exceed client expectations and raise the bar for provision of legal services in Kenya and...
Swahili
English

About Foreclosure Law in Kisumu, Kenya

The foreclosure process in Kisumu, Kenya follows the general Kenyan legal framework under the Banking Act, which gives banks the legal right to foreclose on a property if a borrower defaults on their loan payments. The process involves various legal steps aimed at protecting both the rights of the borrower and the lender, and is often complex, requiring understanding and navigational skills in legal, financial, and real estate aspects.

Why You May Need a Lawyer

There are several situations where legal representation would be important in matters dealing with foreclosure. For instance, if you are having trouble catching up with your mortgage payments, you might need a lawyer to help negotiate a payment plan with your lender. Alternatively, if you've been served with a foreclosure notice, you'll need a lawyer to help you understand the process, your rights and options, as well as to explore possible defenses in court. Also, if you intend to buy a foreclosed property, it's crucial to have a lawyer review all the documents to ensure the sale is legal and the property is free of any liens, encumbrances or potential issues.

Local Laws Overview

In Kisumu, as with the rest of Kenya, foreclosure is governed by the Banking Act. It stipulates that lenders should serve notice to defaulting borrowers giving them a chance to repay the default within a stipulated period. If the borrower fails, the lender can pursue legal action in court. Before foreclosure, a publicly announced auction is usually conducted, and the highest bidder gets the property. In case there are no bidders, the property reverts to the bank.

Frequently Asked Questions

What happens if I cannot pay my mortgage?

If you cannot make your mortgage payments, your lender may start the foreclosure process. This entails taking legal action to sell your property to recover the outstanding loan balance.

Can I stop the foreclosure process once it has started?

Yes, it's possible to stop a foreclosure process even after it has started. You can do this by paying off the full default amount and any extra costs incurred due to the foreclosure process. You may also want to consider speaking to a lawyer to explore other possible legal defenses.

What happens to my property after foreclosure?

After foreclosure, your house will typically go up for auction. If it doesn't sell at auction, it becomes the property of the lender who may then list it for sale.

Can I buy back my property after foreclosure?

The laws of Kenya do not explicitly prevent homeowners from buying back their homes after foreclosure. However, once the property is sold in auction, the owner would have to make arrangements with the new owner or the lender if no auction sale occurred.

Do I still owe money after foreclosure in Kisumu?

If the proceeds from the foreclosure sale don't cover the amount you owe to the lender, you could potentially still owe the difference, known as a deficiency. However, lenders often write off deficits as bad debt. You should seek legal advice to understand your situation better.

Additional Resources

You can contact the Kenya Banking Association for more guidance on foreclosure processes. The Law Society of Kenya may also be a good resource for finding legal representation and understanding your rights during a foreclosure. Additionally, the Kenya National Human Rights Commission provides educational info and legal rights defense including issues on foreclosures.

Next Steps

If you are facing a possible foreclosure in Kisumu or need to understand how to navigate through buying a foreclosed property, you should contact a real estate lawyer or a law firm specializing in foreclosure and property matters. They will guide you on the available options and help you understand your rights, as well as represent you in court if necessary.

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.