Tennessee Wrongful Foreclosure Defense & Bankruptcy

Being tossed into the nightmare of foreclosure can be stressful. Trust John Frank Higgins to guide you through this process and help you stay in your home and protect your investment. Mr. Higgins has helped numerous homeowners in Tennessee take on the big banks; let him help you.


We’ve seen several reports recently about big banks making tremendous mistakes when processing foreclosures on innocent mortgage holders. Maybe you have been completely on-time with your payments and the foreclosure is a result of the bank failing and refusing to process your payments. The bank may have instructed you to stop making payments. Perhaps you fell behind on payments and the bank failed to process a mortgage relief program application correctly. Even scarier are the instances where you attempted to proactively seek help and were given misleading information from a bank representative.

These scenarios are playing out every day in wrongful foreclosure cases all across Tennessee and the country. Although these can be incredibly stressful situations and you may feel like you lack the energy to take on the big banks, turn to John Frank Higgins and his long track record of helping homeowners just like you.

What can you expect throughout the Foreclosure Process?

Most people just want to know what they can expect with a Tennessee foreclosure, what the Tennessee foreclosure timeline is, and what they can do to prevent a foreclosure in Tennessee. It is always scary for the homeowner, who has often already had the run around from their loan servicer and bank. Some people are offered loan modifications, forced to submit and resubmit paperwork– just to be denied for reasons that they cannot understand. This can be scary and frustrating because the homeowner has oftentimes submitted all of the paperwork they have been told to submit, but then later told that somehow the submitted paperwork was incomplete. It seems like there are no good answers from lenders, loan servicers, or banks about the foreclosure process and where to get help with a Tennessee foreclosure. It’s not hard to understand why you, as a Tennessee homeowner facing foreclosure, may be reluctant to trust anyone in the foreclosure process. It isn’t your imagination—it is difficult to find anyone that is willing to help with Tennessee Foreclosures. As the foreclosure process in Tennessee may seem confusing, I wanted to give some very basic information on what the homeowner can expect.

The non-judicial foreclosure process in Tennessee can generally be broken down into two parts- foreclosure and eviction. It is best to try to stop or prevent a foreclosure in Tennessee, than it is to fight a foreclosure after it has already happened. Foreclosure in Tennessee is usually started when the lender, loan servicer, the bank, or their Attorney, writes the homeowner a letter alleging that the homeowner is late on payment or “in default.” A “Notice of Sale” or “Notice of Substitute Trustees Sale” follows, which informs the homeowner of an impending sale of the property, a specific date, and a specific time given for the sale. This date is very important, as it requires action from the homeowner- do not wait to do something if you get this Notice. The longer you wait, the harder the foreclosure process becomes. Bank/servicer foreclosure lawyers or another attorney’s office usually sends the “Notice of Sale” or “Notice of Substitute Trustees Sale.” Foreclosure notices in Tennessee can be sent from any law firm the bank or servicer decides to hire. Generally the law firms are hired to do the paperwork for the foreclosure sale and deal with any legal problems that arise with the foreclosure process. PLEASE BE ADVISED- the bank hires a lot of qualified lawyers, most of which have years of experience. They are hired to make sure the foreclosure process goes through. I have dealt extensively with Tennessee foreclosure issues over the years and know that doing a foreclosure lawsuit pro se (on your own) is ill advised. Oftentimes the bank or servicer’s lawyers do not know the entire battered history you may have as a homeowner, and facing the Court system alone is not the best way to approach these problems. There is a time and place to air these concerns; you just have to know when and where it is appropriate.

The foreclosure lawyers represent the loan servicer or foreclosing bank – i.e., Bank of America, US Bank Trust, New York Bank of Mellon, Ocwen, Wells Fargo, ASC, MERS (MERS is an issue in and of itself), Indymac Bank, Countrywide, America’s Wholesale Lender, Green Tree, Nationstar, New Century, and JP Morgan Chase (just to name a few). Once the servicer has set a date, it can be postponed either by the servicer or bank, or by taking direct legal action to prevent the Tennessee foreclosure. There is a strict timeline to act when you receive the “Notice of Sale.” If you want to act– don’t put action off if you believe something isn’t right. Do not wait until the last minute, as it becomes more difficult (although not impossible) to do anything after the Tennessee Foreclosure sale has taken place. Recently, the banks have been arguing that if you don’t speak up about a wrongful Tennessee foreclosure, you may waive your rights to bring the issue up later (and some Courts are agreeing!).

The next part of Tennessee foreclosure process deals with eviction. Just because the house has been foreclosed on in Tennessee, does not necessarily mean that the homeowner will lose possession of the property immediately. The Tennessee foreclosure eviction process starts after the homeowner is given a detainer warrant. The Sheriff generally serves a detainer warrant in Tennessee to the homeowner. The Tennessee detainer warrant is the way that the servicer or bank tries to get the homeowner out of the property following a foreclosure sale. It is very important that if you get served with a detainer warrant that you make sure and know your legal rights concerning the legality (or illegality) of the Tennessee Foreclosure sale. Make sure to read and follow all instructions made to you by the Court where the Tennessee detainer warrant was filed following a Tennessee foreclosure sale. When the Tennessee homeowner is sued by the bank or servicer for possession of the house, he or she must bring up all the issues concerning the foreclosure, or risk one’s rights to do so forever. If possible, try to prevent the Tennessee foreclosure before it gets to the eviction phase. My recommendation is that you do not wait until the Tennessee detainer warrant process has started after a Tennessee foreclosure sale, however if you do, do not sit on your rights as you will need to act if you want to save your home in Tennessee.

If you are having trouble with any of the following: foreclosure in Tennessee, issues with your servicer or bank, difficulty or inability to receive a loan modification or reinstatement, you need to know your rights or have your paperwork reviewed to see if you are potentially a victim of a fraudulent foreclosure in Tennessee. If you have other questions concerning Tennessee foreclosure prevention, Tennessee foreclosure procedure, or Tennessee foreclosure postponement, please email me at john@higginslawfirm.com or call 615.496.1127.


Bankruptcy in Tennessee

We emphasize helping you through bankruptcy

Let’s Get Started: Our Firm Will Help You File Bankruptcy, A Prudent Step Towards Rebuilding Your Life

If you are having trouble paying debts, or seem to be making no progress against your debts, you should consider filing for bankruptcy.

If you live anywhere in the State of Tennessee, we can file a Tennessee bankruptcy case for you.

Every day we answer many questions for people who are being pursued by creditors and taxing authorities. The creditors and taxing authorities will not stop until you take meaningful action to address your debts. If you file for bankruptcy, you will not only stop creditors and taxing authorities, you may free up income so that you can begin to payoff your mortgage, save for retirement, or provide an education for your children or grandchildren. Let our professionalism and experience work for you to help you make a positive impact on your life.

During Your Free Bankruptcy Consultation, You May Have Questions Like the Following:

  • What is Bankruptcy?
  • How will Bankruptcy affect my future? When will the creditors stop calling?
  • What should I expect, and how should I prepare?
  • What is the timeline for a typical Bankruptcy plan?
  • What about Mortgage Modifications, Debt Consolidation Plans, and Credit Repair Programs? Do they work?

We will address these questions and any others you may have, and describe the bankruptcy process for you.


We look forward to helping you with your legal needs