what can a legal aide attorney do for as far as a foreclosure

How can I get a lawyer for a foreclosure case?

A foreclosure defense attorney knows the legal landscape better than you. Their experience and judgment will save you time, help you avoid pitfalls, and maximize your chances of saving your home. Depending on your situation, your best course of action may be to avoid foreclosure via loss mitigation, modify your loan, file for Chapter 13 bankruptcy, or have your foreclosure …

Where can I get help with foreclosures?

Oct 22, 2009 · Too often the poor and elderly when they face the legal complications of defending a foreclosure do not have the financial resources to hire a defense attorney. This means the poor are set up for a double loss. New York State and other states are now beginning to provide competent legal assistance to such defendants.

Can I stop foreclosure if I can't work out a deal?

A foreclosure attorney can help in many ways—from fighting the foreclosure in court to pushing a bank to consider your loan modification application to assisting you with a short sale. But depending on what your goal is, you might be better off on your own, without having to pay a bundle in legal fees.

Where can I get Legal Aid near me for free?

Getting Legal Help. It is recommended that you obtain foreclosure loan help from a real estate foreclosure defense attorney who can advise you of your legal rights and defenses available to save your home from foreclosure. The attorney can …

Will I lose my home?

Will I lose my home?#N#This question is often posted on avvo from desperate people unsure what to do. Unscrupulous collection services often make such threats to people unable to keep up with their payments.

Creditors who are not the Mortgage Holder

Creditors who are not the Mortgage Holder#N#Other creditors will sometimes terrorize debtors into believing that if they do not pay their debt they will also lose their home. This is a gross and misleading statement. Keep in mind that a creditor who is not the mortgage lender must go to court, file suit, litigate, and obtain a judgment.

Lack of Legal Representation

Lack of Legal Representation#N#in New York the Brennan Center for Justice reports that 84% of Queens defendants facing foreclosure because of a subprime mortgage (a loan given to borrowers who did not qualify or who bought a home whose value was less than the amount of the mortgage) went to court without a lawyer.

The Legal Problems of the Poor and Elderly

The Legal Problems of the Poor and Elderly#N#The result of this is that bank lawyers are fully financed and have all of the legal resources needed to get a foreclosure order from the court, but too often the poor or elderly homeowner has to do it alone.

The Unequal Courtroom Battle

The Unequal Courtroom Battle#N#Too often the poor and elderly when they face the legal complications of defending a foreclosure do not have the financial resources to hire a defense attorney. This means the poor are set up for a double loss. New York State and other states are now beginning to provide competent legal assistance to such defendants.

Let your voice be heard

Let your voice be heard#N#If you are a citizen of a state such as New York, which is thinking about such a program, consider contacting your state or federal representative.

The Banks fall flat on their face

The Banks fall flat on their face#N#Many banks have merged or bought other banks. Sometimes the bank which gave the Borrower the original Mortgage is out of business and re-assigned their Mortgage to a new bank.

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Finding, Hiring, and Firing a Foreclosure Attorney

Learn how to find, hire, and work with a foreclosure lawyer while adhering to quarantine and social distancing rules during the COVID-19 outbreak.

Why Use an Attorney in the Foreclosure Process

A real estate foreclosure defense attorney is an expert in foreclosure law.

Resolutions

Your attorney may be able to negotiate the following resolutions depending on your financial situation:

Getting Legal Help

It is recommended that you obtain foreclosure loan help from a real estate foreclosure defense attorney who can advise you of your legal rights and defenses available to save your home from foreclosure. The attorney can help you stop the foreclosure proceedings or delay them.

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 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.

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.

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.

Do you need an attorney for a foreclosure?

You probably don't need to hire an attorney if your goal is simply to live in the property throughout the foreclosure process. You legally own your home up until the new owner who buys it at the foreclosure sale gets title to the property. You usually can remain in the home until this time.

Can you get your home back after a foreclosure?

If you've applied for loss mitigation and the servicer is dual tracking (foreclosing while an application for a foreclosure alternative is pending ), you'll want to deal with this legal violation immediately—before a sale happens. It's very difficult to get your home back after a foreclosure.

What to do if you are facing foreclosure?

If you're facing a foreclosure, but don't have money available to hire a lawyer to work with you throughout the process, you might want to consider: dealing with the foreclosure on your own without an attorney. getting assistance from a free legal aid society or a foreclosure prevention clinic in your area.

Can you fight a foreclosure on your own?

If you don't want to fight the foreclosure, you can probably deal with it on your own . You should educate yourself about what steps are involved, how long a foreclosure typically takes in your state, and exactly when you'll have to move out of your home.

Do not sell personal information?

Do Not Sell My Personal Information. Sometimes, homeowners aren't able to afford the fees that an attorney would charge to represent them during a foreclosure. If you're facing a foreclosure, but don't have money available to hire a lawyer to work with you throughout the process, you might want to consider: