how can an attorney help with foreclosure

by Monroe Turcotte 6 min read

Services Your Attorney Can Provide

  • Write a letter to your lender.
  • Prepare required documentation for a mortgage modification, deed in lieu, short sale or other foreclosure resolution...
  • Litigate the matter in court if necessary and defend your rights.
  • Negotiate with your lender.
  • File a bankruptcy action in Bankruptcy Court stopping the foreclosure action.

Here are a few immensely helpful things a foreclosure attorney can do for you.
  1. Provide You with Options. ...
  2. Represent You at Settlement Conferences. ...
  3. Help You Get a Loan Modification. ...
  4. Help You Pursue Loss Mitigation. ...
  5. Raise Defenses in Court. ...
  6. Help You File for Chapter 13 Bankruptcy.

Full Answer

When should I hire a foreclosure attorney?

Services Your Attorney Can Provide Write a letter to your lender. Prepare required documentation for a mortgage modification, deed in lieu, short sale or other foreclosure resolution... Litigate the matter in court if necessary and defend your rights. Negotiate with your lender. File a ...

Should you hire a foreclosure attorney?

Sep 10, 2015 · If you, or someone you love, is facing foreclosure, here's how an attorney can help you. Advantages of Using a Foreclosure Attorney. It slows down the foreclosure process—This gives you additional time to correct your financial problems. After your attorney get involved in a foreclosure, the legal department of your lending company has to deal with your attorney. Your …

How to find a good foreclosure attorney?

An attorney can advise you through the confusing process of foreclosure and ensure that the correct actions are taken to help avoid foreclosure or get through the process as unscathed as possible. This article details the steps you can take in getting home foreclosure help.

What does a foreclosure defense attorney actually do for You?

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What can you do instead of foreclosure?

Alternatives to ForeclosureLoan Modifications. Probably the most common alternative to a foreclosure is a mortgage loan modification. ... Forbearance Agreements and Repayment Plans. ... Reverse Mortgages. ... Short Sales and Deeds in Lieu of Foreclosure. ... Mortgage Assumptions. ... Bankruptcy.Oct 18, 2021

Does Appeal stop foreclosure?

Can a Final Judgment of Foreclosure Be Appealed? Yes, a final judgment of foreclosure can be appealed. Once the timeframe for filing a motion for rehearing has passed, or a motion for rehearing has been denied, a final judgment of foreclosure is a final and appealable order.Jun 28, 2021

How can I save my house from foreclosure in NY?

Below are some loss mitigation options:Pay arrears, become current on the loan. ... Work out a period of loan forbearance. ... Loan modification. ... Refinance with another lender. ... Deed in lieu of foreclosure. ... Sell home, negotiate short sale.Jul 30, 2018

What is foreclosure in legal terms?

Introduction. Foreclosure is a catch-all term for the processes used by mortgage-holders, or mortgagees, to take mortgaged property from borrowers who default on their mortgages. Foreclosure, like mortgages generally, is governed by the law of the place where the mortgaged thing is.

How can I stop a foreclosure auction immediately?

If a foreclosure sale is scheduled to occur in the next day or so, the best way to stop the sale immediately is by filing for bankruptcy. The automatic stay will stop the foreclosure in its tracks. Once you file for bankruptcy, something called an "automatic stay" immediately goes into effect.

How do you stop a foreclosure on a reverse mortgage?

To avoid foreclosure and eviction, you may decide to complete a Deed-in-Lieu of Foreclosure. This is a voluntary transfer of your property to the owner of your reverse mortgage in exchange for a release from your reverse mortgage obligations.

Does NY have a statutory right of redemption?

In New York, you can redeem up until the sale of the property. But after the home is sold pursuant to a judgment of sale, you no longer have a right of redemption.

What is the redemption period in New York?

When Does the Redemption Period Expire in New York? Generally, the redemption period expires two years after the lien date. (N.Y. Real Prop.

Can you foreclose on one house and keep another?

Answer. Yes, it is possible, although very rare, for California homeowners to get their home back after a foreclosure. They would do so by paying you the purchase price you paid at the foreclosure sale, plus various other charges.

Can my bank foreclose?

There Are Unpaid Property Taxes If they do not pay, the bank may pay the taxes owed. If a homeowner fails to reimburse the bank, the bank can foreclose.Mar 5, 2021

What are foreclosed properties?

Foreclosed real estate properties are real estate properties like houses, condominium units, apartment buildings, or commercial spaces that have been “taken over” by the lender. This lender or creditor can be a bank like Robinsons Bank, a credit company, or other financial institutions.

What are the consequences of foreclosure?

Eviction from your home—you'll lose your home and any equity that you may have established. Stress and uncertainty of not knowing exactly when you will have to leave your home. Damage to your credit—impacting your ability to get new housing, credit, and maybe even potential employment, for many years.Oct 22, 2012

What happens if a lender rejects a loan modification request?

If your lender rejects your loan modification request, then you don’t need to panic, especially if you have Queen’s foreclosure lawyers by your side. A good foreclosure attorney will suggest you and help you in filing Chapter 13 bankruptcy.

Can you modify a loan during foreclosure?

Loan modification can act as one of the biggest reliefs during a foreclosure as it helps in adjusting the different terms and conditions of the loan so that the payment can fit in your limited budget like a glove. A loan modification is indeed free of cost, and anyone can ask the bank to make modifications in terms and conditions, but the bank will go through your income information in a detailed way before making the modifications.

Can a Queens foreclosure be a result of a mistake?

But Queens foreclosure attorneys can fire back at the bank if the foreclosure is a result of a mistake. In cases of a breach of loan contract by the lender or the party involved in foreclosing not turning out to be the real owner of the mortgage debt, good Queens foreclosure attorneys can help you.

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Assist You During The Loan Modification

  • Loan modification can act as one of the biggest reliefs during a foreclosure as it helps in adjusting the different terms and conditions of the loan so that the payment can fit in your limited budget like a glove. A loan modification is indeed free of cost, and anyone can ask the bank to make modifications in terms and conditions, but the bank will go through your income information in …
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Attend The Settlement Conference on Your Behalf

  • Settlement conferences are compulsory in various states like New York, and this is where Queen’s foreclosure lawyers can help you. In the settlement conference, both the homeowner and the bank representative meet in the presence of a referee that is appointed by the court. These types of conferences are held for avoiding situations like abandoned property. If you have an attorney by …
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Keep You Protected During The Lawsuit

  • Banks are run by humans, and since humans are prone to errors, your foreclosure can be a result of the bank’s mistakes. But Queens foreclosure attorneyscan fire back at the bank if the foreclosure is a result of a mistake. In cases of a breach of loan contract by the lender or the party involved in foreclosing not turning out to be the real owner of the mortgage debt, good Queens f…
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Aid in Filing Chapter 13 Bankruptcy

  • If your lender rejects your loan modification request, then you don’t need to panic, especially if you have Queen’s foreclosure lawyers by your side. A good foreclosure attorney will suggest you and help you in filing Chapter 13 bankruptcy. You should know that if you qualify for Chapter 13 bankruptcy, then you will be allowed to keep your house, and you will get a certain period to pay …
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