how do i find a good mortgage attorney

Mortgage lawyers often advertise their services and can be found in most areas. Local listings and advertisements can be helpful, however they do not provide enough information that you can rely on to assure yourself that you are hiring a competent and experienced lawyer.

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How do I find a good lawyer?

Aug 13, 2014 · Our mortgage foreclosure attorney will sue your lender by preparing a summary of facts showing the judge the homeowners’ story and by drafting the legal arguments showing how the lender violated the law. Common Mortgage Fraud violations and Illegal Practices. Dual tracking – moving forward with foreclosure while simultaneously offering to ...

Do I need a lawyer for my mortgage problems?

Mar 10, 2022 · What to Look for in a Lawyer Before looking for an attorney, decide what kind you need. Common fields include: Criminal law Family law Landlords and Tenants Labor and Employment You can often talk to a lawyer for free for at least the first conversation. Ask questions about their experience and fees. Find Free and Low-Cost Legal Help

What do mortgage fraud lawyers see in a fax?

An attorney can help you fill out paperwork and make sure you present your situation in the best light possible. You can also get free help with your application package from a HUD-approved housing counselor. Your Loan Servicer Violates Federal or State Loss Mitigation Laws

Can a real estate attorney represent the lender at a closing?

Jul 01, 2021 · To find a good attorney, start by going to websites like Avvo.com to check out online reviews of attorneys in your local area. Alternatively, contact your local bar association to find a reputable lawyer with the right specialization in your area.

What happens if you fall behind on your mortgage payments?

You fell behind on mortgage payments and your lender is giving you misleading information about your options to save your home. You have applied for a loan modification and your lender is sending you foreclosure notices at the same time. Your lender lied to you about stopping foreclosure while you were being reviewed for a modification.

What is foreclosure fraud?

We often find that foreclosure fraud occurs when lenders violate the law by creating unconscionable loan terms. Mortgage litigation empowers the homeowner to take the lender to court. The homeowner can no longer be ignored or strung along until the lender decides to foreclose.

Why do you need an attorney for a home purchase?

Here are a few reasons you might need or want an attorney to be part of your home buying team: State or lender requirement: Every state has slightly different laws regarding real estate transactions, and some states consider certain actions that are part of the process to be “practicing law.”. These regulations are often meant to prevent real ...

What is a real estate attorney?

A real estate attorney is someone who is licensed to practice real estate law, meaning they have the knowledge and experience to advise parties involved in a real estate transaction, such as a home sale.

How much does a real estate attorney charge?

If you want your own attorney in addition to the one required by your lender, you’ll also pay for any services they provide you. How and how much a real estate attorney charges will vary, but here are some basic ranges to give you an idea of what you’ll spend: 1 Fixed hourly rate: A real estate attorney who charges an hourly rate may charge $150 – $350 per hour, but this can vary a lot depending on how experienced the attorney is and what area you’re in. 2 Fixed rates for specific services: They may also charge a flat fee for the particular services they provide. For example, a real estate attorney might charge $500 – $1,500 to conduct a home closing. Their fees may also depend on the sale price of the property in question.

Who is in charge of closing a home?

In some cases, a real estate attorney is also the person who’ll be in charge of your closing. In a home purchase transaction, both the buyer and seller can hire an attorney to represent their interests during the process. Or, in the case where an attorney is overseeing a closing where the home is being purchased with a mortgage loan, ...

What is an individual lawyer?

Individual lawyers (also called attorneys) are experts in different areas of the law. Some attorneys specialize in a certain field of law, such as business, civil, criminal, or juvenile law. You will need to determine which type of attorney is right for your legal situation.

How long does bankruptcy stay on your credit report?

Keep in mind, Chapter 7 bankruptcy information stays on your credit report for 10 years. This can make it hard to get credit, buy a home, receive life insurance, or get a job. Learn more about bankruptcy, and other options for dealing with debt .

How to get a mortgage modification?

Hiring an attorney may be a good idea if you want a mortgage modification, but you don't understand the application process or have a complicated situation. For example, it might be worthwhile to hire an attorney if you've spoken to your loan servicer about a modification but are confused about: 1 how to fill out the application 2 what documentation you need to submit along with an application, or 3 how to explain your financial hardship or situation in the application.

What to do if you have difficulty with foreclosure?

Ultimately, if you find yourself having difficulty with the application or your servicer isn't abiding by the law, you should consider consulting with a qualified, reputable foreclosure attorney who can help you with the process.

What happens if a servicer violates state law?

If your servicer violates state law while foreclosing on your home, your attorney might be able to use the violation or violations as leverage in getting you a loan modification. Keep in mind that servicers often make mistakes when servicing loans and in the foreclosure process. A lawyer could uncover errors that you won't even notice.

What is a loan modification?

A "loan modification" is a permanent restructuring of your mortgage loan where the lender changes one or more of the terms so that your payments are more affordable. With a modification, the lender might agree to do one or more of the following to reduce your monthly payment: reduce the interest rate. convert from a variable interest rate ...

What to do if you aren't sure what to do?

If you aren't sure what to do—say you're facing foreclosure, but you aren't sure if a modification is right for you—and want to know about all of your options, an attorney can help you understand your legal rights and give advice about the best course of action in your situation.

Can you submit all documentation to a servicer?

If you've spoken to the servicer about getting a modification, done your homework to educate yourself about the process , are confident the servicer hasn't violated the law, and feel you have a good understanding of what goes into the application, you likely can submit all of the necessary documentation and navigate the process adequately on your own.

What happens if a servicer denies a modification?

If the servicer denies your modification request, in many cases, you'll also get some time to make an appeal. An attorney might be able help you in showcasing why the servicer made an error in denying your application so that you're more likely to get approved for the modification in your appeal.

What is a family law attorney?

Family law attorneys handle matters such as separation, divorce, pre-nuptial agreements, adoption, guardianship, child custody and support. Personal injury law. Personal injury attorneys handle cases involving medical malpractice, dog bites, car accidents and any injury to a person that may be the fault of another.

How many years of experience do I need to become an attorney?

Typically, you should look for an attorney with at least three to five years of experience practicing the type of law you need help with. Additionally, you should choose an attorney that currently practices in the area you need help with.

What is hourly rate in law?

Lawyers charging an hourly rate “bill” hours and then charge the client for the amount of hours worked on the client’s matter. Usually, hourly rates are used by businesses and corporations who may be involved in litigation. Additionally, individuals may be charged hourly rates for long or complicated litigation. ...

What is an engagement letter?

This is a contract between you and your attorney that defines the nature of the legal engagement you are involved in, and the conditions and terms of your agreement with your attorney.

Do attorneys charge for consultations?

Most attorneys do consultation appointments for free. However, some may charge a small fee for a consultation. Make certain that you know whether you will be charged, and don't make an appointment with an attorney who isn't forthcoming about these details. Most attorneys offer consultations for free.

Why do you need a lawyer for a mortgage?

Furthermore, attorneys can secure proof that judgments or liens have been resolved. That is important if you ever plan to obtain a mortgage or loan against the property.

What do attorneys do in real estate?

Attorneys make sure all paperwork is properly drawn up and filed with the authorities. Attorneys do title searches and can negotiate should a search uncover a problem. Ideally, buyers and sellers in a real estate deal should be represented by lawyers to safeguard their rights and watch their interests.

Why do attorneys do title searches?

The title search is essential because it reveals whether the seller has the legal right to sell the property.

Where do I file a deed for real estate?

Real estate deeds often need to be filed at the county and state levels. An attorney will be able to do this quickly and efficiently. In some cases, the transaction might involve property in an area where certain types of construction are not allowed.

What is a contract attorney?

An attorney understands these different types of business arrangements and their legal boundaries within your state's law. The attorney will ensure that the contract is consistent with the law and the partnership's, trust's, or corporation's charter agreements.

Do sellers need an attorney?

Sellers Need Attorneys Too. If you're selling a property, having an attorney represent your interests isn't a legal requirement in most states. However, not having one increases your chances of being sued by the opposing party for failure to disclose certain information.

Why is legal counsel important?

Having legal counsel makes good business sense because of the complexities that come with real estate transactions. Experienced real estate attorneys can help to protect your interests. They ensure that your transaction adheres to the applicable rules of your state and municipality.

How to find out the name of a mortgage servicer?

Or, if you have a MERS (Mortgage Electronic Registration System) loan, you can find out the name of your servicer by calling MERS at 888-679-6377 or checking the MERS website. If you don’t know if you have a MERS loan, you can find this information at the MERS website as well.

Who owns a mortgage?

To figure out who owns your mortgage, you first have to figure out who services the loan. The servicer is the company that handles loan-processing tasks like collecting payments, dispersing escrowed property tax and homeowners’ insurance payments, and managing the loss mitigation process. The servicer might be the same company as the loan owner, but not in all cases.

What is a servicer in a mortgage?

The servicer is the company that handles loan-processing tasks like collecting payments, dispersing escrowed property tax and homeowners’ insurance payments, and managing the loss mitigation process. The servicer might be the same company as the loan owner, but not in all cases. It’s pretty easy to find out the name of your loan servicer.

Who collects mortgage debt?

The loan owner is also called the “ note holder” or just the “holder.” The holder has the legal right to collect the mortgage debt, and foreclose the home, if the borrower doesn’t make the loan payments. A guarantor, or mortgage backer, is an entity, like FHA or VA, that guarantees the holder will get paid if the borrower defaults.

What to do if you are facing foreclosure?

If you’re facing a foreclosure and want to learn about potential defenses in your particular situation, consider talking to a foreclosure attorney or a legal aid organization. If you need help applying for a foreclosure alternative, like a loan modification, consider contacting a HUD-approved housing counselor.

What is a MIP loan?

MIP is what FHA calls its mortgage insurance. If you’re paying MIP, then you have an FHA-insured loan. VA-guaranteed loans have particular language in the note and mortgage identifying it as a VA loan. Also, fees paid to the VA will be shown in the closing documents.