how to find a good foreclosure attorney

• Find out about the lawyer's reputation in the community. You can check with the local Bar Association to make sure there are no complaints against the lawyer.
• Ask for referrals from friends and neighbors or your real estate agent.
• When you meet with the foreclosure lawyer, ask how much experience they have with foreclosures and their rate of success.

Full Answer

What should I do if I have an issue with my foreclosure lawyer?

Foreclosure laws are very detailed and strict about the process the bank must follow. A foreclosure attorney can explain your options to avoid a foreclosure sale, and help you to decide the best course of action for your situation. Practice areas related to Foreclosure. Bankruptcy and debt. Debt collection. Real estate. Residential real estate.

How do I find a good lawyer?

Good foreclosure attorneys have years of training and extensive knowledge about the law. They also know how to apply the law in the proper way in court documents and during a trial. Foreclosure law evolves.

Where can I find a lawyer for free?

Negotiate directly with the lender on your behalf. Represent you in any legal proceedings. Ensure that the lender is in compliance with the applicable laws in your jurisdiction. The specific ways in which a foreclosure attorney will be able to help you depend largely on circumstances of your particular situation.

What do the profiles tell you about the lawyer?

Steps to Find the Right Lawyer: Find out about the lawyer's reputation in the community. You can check with the local Bar Association to make sure there are no complaints against the lawyer. Ask for referrals from friends and neighbors or your real estate agent.

What can a foreclosure lawyer do for you?

A foreclosure attorney can figure out how to keep your home or, if that is not an option, how to make money off its sale. A lawyer will defend you against foreclosure, negotiating with your creditors and helping you find alternatives, such as a short sale, so that you receive the most money back.

What happens if you fail to pay off a mortgage?

If you fail to make the payments, the bank can start a foreclosure action, which enables them to sell your home to pay off the loan. Foreclosure laws are very detailed and strict about the process the bank must follow.

How to get a foreclosure attorney?

At a minimum, you should expect your attorney to: 1 Communicate with you. A big part of your attorney's job is to inform you about what happens before, during, and after the foreclosure. The attorney should tell you what kind of issues might arise, how they'll be handled, and when specific events will occur. 2 Meet all legal deadlines. Again, deadlines must be met when it comes to foreclosure. In a judicial foreclosure, you get a limited amount of time, typically 20 or 30 days, to respond to a foreclosure complaint. You should expect your attorney to file the necessary paperwork before any applicable deadlines pass and be familiar with all of the local court rules and procedures in your area. 3 Be upfront about how much the representation will cost you. When you hire a foreclosure attorney, you'll sign a retainer agreement, which is a fee agreement between you and the attorney. The contract should cover what services the attorney will provide and how you'll pay for those services. 4 Act ethically when representing you. All states have rules of professional conduct that set ethical standards for attorneys. Generally, these rules require lawyers to, among other things, keep whatever the client says confidential, act within the limits of the law when representing clients, and put their clients' interests ahead of their own. You should expect your attorney to act ethically and in accordance with the rules of professional conduct when representing you in a foreclosure.

What to do if you have an issue with your foreclosure lawyer?

If you have an issue with your foreclosure lawyer, it's usually best to talk to the attorney about the matter and try to find a resolution. You might be able to clear up the problem and move forward with that lawyer.

How to fight foreclosure?

If you think you want to fight a foreclosure, consider talking to a lawyer. If you can't afford to hire a lawyer to represent you throughout the entire process, consider at least scheduling a consultation with one. If you can't afford a consultation with an attorney, a legal aid office might be able to help you for free if you meet certain criteria.

What to do if you are behind on your house payments?

If you’re behind on your house payments and don’t know what to do, don’t delay, and call a foreclosure attorney now. If a Notice of Default has been issued, again the first thing you should do is contact a foreclosure attorney to receive a legal review of your situation.

Why do people get behind on their mortgage?

This may occur for a variety of reasons, from job loss, poorly performing investments, medical issues, or even natural disasters .#N#When people get behind on their mortgage, a lender may attempt to foreclose on their property. Foreclosure is a legal process by which the lender forces the sale of a piece of property to recover losses when a borrower stops making payments. It can occur either by court order, or through a specific statutory process that is dependent on your jurisdiction.

Why should consumers educate themselves about foreclosure laws and practices?

Consumers should educate themselves and keep informed about foreclosure laws and practices because it will help them make their decision on choosing the right foreclosure attorney. There is a lot Consumers should know before choosing a lawyer.

Can a foreclosure defense lawyer help with foreclosure?

In addition, your foreclosure defense lawyer can provide valuable advice about alternatives to avoiding foreclosure. Since most mortgages contain a "reinstatement" clause, which means that the borrower can either come up with the defaulted amount of money to bring current any arrearages or negotiate a deal with the lender, such as a mortgage modification anytime during the foreclosure process or prior to the process. If a satisfactory resolution takes place, the lender must dismiss the foreclosure action.

What can a foreclosure lawyer do?

A foreclosure lawyer can help you formulate your arguments, navigate the rules of the court, and submit the appropriate paperwork. It's unlikely that a homeowner could mount a successful defense to foreclosure without an attorney.

What happens if you don't have a valid defense to foreclosure?

If you don't have a valid defense to the foreclosure—say you stopped making your payments, have no intention of resuming them, and think the servicer has treated you fairly —then there's probably no reason to hire or consult with an attorney.

What is the SCRA for foreclosure?

Active military servicemembers have special protections against foreclosure, as well as certain rights, under the Servicemembers Civil Relief Act (SCRA). The SCRA is extensive and complex. If you're a military servicemember, an attorney can inform you about all of your rights under the SCRA and help ensure that the servicer complies with this law.

What to do if you can't afford a lawyer?

If you can't afford to hire a lawyer to represent you throughout the entire process, consider scheduling a consultation with one to help you decide what to do, as well as to explain to your legal rights and responsibilities. If you can't afford even one consultation with an attorney, a legal aid office might be able to help you for free if you meet certain criteria.

Do you need an attorney to defend against foreclosure?

You Have a Defense and Want to Keep Your Home. If you think you have a defense to the foreclosure, and you want to keep your home, you'll likely need a skilled attorney to help. Some defenses that probably require the aid of an attorney include the following: The servicer didn't follow proper foreclosure procedures.

Can a foreclosing party prove it owns a loan?

The foreclosing party can't prove it owns your loan (that it has "standing" to foreclose). The servicer made a serious error with your account. Each foreclosure defense is different and every situation has complicated nuances that can ultimately make or break the case. And, you'll have to raise your defense in court.

Is it a good idea to learn the foreclosure process?

It's a good idea to learn each step in the foreclosure process in your state. That way, you won't be caught off guard at any point. If you've done your homework on the topic, but still have questions, an attorney is an excellent resource.