The foreclosure process is complex. New laws get passed, and courts decide on cases that can impact your situation. It’s nearly impossible for a non-lawyer to stay on top of everything.
An experienced foreclosure defense attorney will be familiar with detailed court filing procedures and rules and know how to meet deadlines. They can also help you identify and pursue valid legal defenses.
Legal Representation
If you are in the early stages of foreclosure, you have some options to help you keep your home. A foreclosure defense attorney can help you determine these options and help you to take the right steps to save your home.
Hiring a foreclosure attorney is necessary because many legal issues must be addressed. For example, a foreclosure attorney will need to respond quickly to official documents from the lender, file paperwork in court, and attend hearings or trials as needed. It is difficult for a non-lawyer to navigate these issues independently.
Ask your friends and family for recommendations for a good foreclosure defense attorney. You can also search the internet for an available law firm near me. When interviewing attorneys, ask them about their experience with foreclosure cases and how they would handle your case. Asking about major court decisions that have impacted consumers is another way to distinguish one foreclosure attorney from the next.
Experience
The foreclosure process is complicated, with detailed court filing procedures and regulations. An experienced attorney will know how to handle these matters efficiently and when to file certain documents with the court. They will also be able to communicate with the mortgage lender and spot any mistakes that could be used to your advantage in stopping the foreclosure process. They will also be able to identify valid defenses, like proving that the lender didn’t follow proper practices or didn’t own your mortgage loan.
The foreclosure attorney will also be able to determine if you have any other options for keeping your home, including loan modification, short sale or deed instead of foreclosure. They can then negotiate with your lender to help you resolve your issue. If necessary, they can represent you in court to defend your rights. Moreover, they will always act ethically and within the limits of the law when representing you.
Time
In addition to foreclosure defense, attorneys can help negotiate a resolution with the lender. This may include a loan modification, short sale or deed instead of foreclosure. They can also represent you in court if necessary.
When evaluating potential foreclosure attorneys, asking about their experience and how they approach foreclosure cases is important. The best attorneys will understand the legal process and be familiar with major court decisions impacting consumers, such as RESPA and FDCPA.
Another way to evaluate a foreclosure defense attorney is to ask for referrals from trusted sources. Friends, family and co-workers can often provide reliable recommendations. You can also check your state’s bar association for a list of reputable lawyers specializing in foreclosure. Finally, the courthouse and local legal aid societies are good resources for obtaining attorney referrals. Many groups can provide a free consultation and offer pro bono representation.
Money
Foreclosure is a stressful and expensive legal process. A good foreclosure defense attorney can take the pressure off homeowners and help them make arrangements to catch up on their mortgage.
Homeowners should schedule meetings with several foreclosure attorneys to see what legal support and defenses are available. Some defense strategies include arguing that the financial entity trying to foreclose on the borrower’s property did not follow proper legal procedures.
Consider how well each lawyer listens to your problems and questions during the consultation. Ask them if they can offer any alternatives to foreclosure, like short sales. Then, find out whether they charge a flat or hourly fee. If they charge an hourly fee, consider their track record with meeting deadlines. Generally, the best lawyers are thorough and can clearly explain complex issues. They also have a strong track record of winning cases. They will likely be more expensive than an average lawyer.