what can an attorney do for me if im in foreclosure

Full Answer

What should I do if I have an issue with my 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.

Do you have to file your own foreclosure lawsuit?

You'll need to file your own lawsuit if the foreclosure is nonjudicial or respond to the foreclosure lawsuit in a judicial foreclosure. Either way, the process involves making a legal argument, filing documents with the court, following rules of evidence, and more.

How does the foreclosure process work in New York?

Either way, the process involves making a legal argument, filing documents with the court, following rules of evidence, and more. A foreclosure lawyer can help you formulate your arguments, navigate the rules of the court, and submit the appropriate paperwork.

How long do I have to respond to a foreclosure complaint?

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.

What does a Foreclosure Attorney do to help me in loan modification?

An experienced foreclosure defense attorney can help you to get your loan modified by convincing a bank to approve a modified loan. A foreclosure lawyer can get your loan modified in such a way that it is affordable to you.

What does a Foreclosure Lawyer do to get your loan mitigated?

Some loans have loss mitigation with them which allows you to stay current on your loans. Even though many lenders will do their best to not include loss mitigation in their loans, with an experienced foreclosure defense lawyer, you can exercise this option if it’s available to you.

How can a Foreclosure Lawyer help you file for Bankruptcy?

If you cannot pay for your loans under any circumstances, then the most a foreclosure attorney can do is to help you file for Chapter 13 Bankruptcy. In this case, you will get three to five years to get back on your feet financially and get current on your loan payments.

Do I need a Foreclosure attorney?

Your assets like your house are not only important to you as a financial asset. It is also important to you on a personal level as it holds many memories and giving them away like that is unfortunate. If you want to keep your property and get some leverage on the loan that you have borrowed, a foreclosure attorney can help you do that.

What happens if a bank forecloses on your home?

If the bank made mistakes in foreclosing your home, an attorney can identify them and fire back. For example, the lender may have breached your loan contract or violated state foreclosure laws, or the foreclosing party may not be the rightful owner of the mortgage debt. You may unknowingly be the victim of unfair lending practices or an unlawful mortgage assignment. There are dozens of strategies and tactics an experienced attorney can use to postpone foreclosure. And if the court accepts your attorney’s argument, you may receive the option of a settlement or even have your lawsuit dismissed entirely.

Can you modify a mortgage without an attorney?

A loan modification adjusts the terms of your loan such that you can afford the payments. While modifying a loan is free, few homeowners can convince the bank to approve a modified loan without help from an attorney. The bank must review several key pieces of information about your income before making their decision. An experienced attorney can provide and present this information in the best light to help you get approved for a new loan you can afford.

Can a bank attorney attend a settlement conference?

If you live in a state that mandates settlement conferences, your attorney can attend them in your place and negotiate with the bank’s attorney to save your home. The conference is an opportunity for both parties to reach an alternate resolution that doesn’t involve foreclosure. Without an attorney, you’d have to contend with the bank’s attorney on your own time with limited knowledge.

How long does it take for a bank to file a foreclosure?

If you are in a state with judicial foreclosures, there’s time because the bank has to sue you. On average, it can take a year for the foreclosure to be final. However, if it’s a non-judicial foreclosure, the foreclosure may happen much sooner depending on the state.

What happens if you miss a mortgage payment?

When you miss a payment or not pay the full amount of your mortgage, you may have some time to catch up. According to the Consumer Financial Protection Bureau (CFPB), “your mortgage servicer generally must:

Who is Elisa Shoenberger?

Elisa Shoenberger is a writer, researcher, and journalist. She worked at the Chicago Legal Clinic as administrative assistant and has been immersed in the law her entire life. She has published articles with the Boston Globe, Curbed, Chicago Reader, Book Riot, and many other publications.

A Foreclosure Defense Lawyer

If a borrower defaults on a mortgage, then the lender may decide to foreclose on the property since it secures the mortgage loan. Foreclosures can be either judicial or nonjudicial and often arise when a homeowner is unable to make their mortgage payments

Foreclosure Attorney Costs & Fees

Now that you know how a lawyer can help you with your foreclosure, it’s time to figure out how much that legal assistance will cost. For most homeowners, the cost of hiring an attorney will be the single most important factor in deciding whether or not to do so and who to hire.

Let's Summarize..

You don’t need to have an attorney handle your foreclosure, but hiring one can be a big help. This is especially true if you have legal defenses, are an active-duty servicemember, or plan on fighting the lender to stop your foreclosure. By hiring a foreclosure attorney, you have someone to spot legal issues you may not know about.

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 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.

Why do you need an attorney for foreclosure?

Here are a few reasons you might want to hire an attorney if you want to fight a foreclosure: 1 Attorneys have special skills to fight a foreclosure. 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. 2 Foreclosure law evolves. Foreclosure law evolves. New laws get passed, and courts decide cases that could help with your foreclosure. It's almost impossible for a non-attorney, or even a lawyer practicing in a different area of the law, to stay on top of all of the changes in the foreclosure field. 3 Foreclosure defenses are complex. Many foreclosure defenses are complicated. To successfully defend your case, you'll need to find, read, and understand complex documents, like statutes and court decisions. Attorneys go to law school for three years and review these kinds of materials every day in the course of practicing law to develop the skills needed to do this effectively. 4 You need to understand and comply with detailed court filing procedures and rules. To defend yourself against a foreclosure, you will need to respond quickly in writing—and in the correct format—to official foreclosure documents you receive, file paperwork (like motions) with the court, meet deadlines, and maybe even handle a trial. Even if you have a valid defense, if you mess up, the court won't give you special dispensation just because you aren't an attorney.

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 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 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 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.

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 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.

What to do if your lender is foreclosing your property?

It's always wise to seek legal advice if your lender is foreclosing your property, even if you're not contesting the foreclosure. Consulting with an attorney about your foreclosure will give you valuable insight into it and any potential post-foreclosure debt issues. However, speaking to an attorney and getting general legal advice about your foreclosure isn't the same as actively engaging one to deal with it. Generally, your need for an attorney to deal with a foreclosure comes down to deciding if you're going to contest it.

Do I need an attorney for Chapter 7 bankruptcy?

The NOLO website says you may not need an attorney to deal with your foreclosure if you're filing for Chapter 7 liquidation bankruptcy. For one, the automatic stay issued when you file for Chapter 7 or Chapter 13 reorganization bankruptcy temporarily delays foreclosure. Typically, foreclosure is delayed by one to two months during a bankruptcy unless the court lifts the stay. Also, if you're using an attorney to file for bankruptcy, you can obtain any needed foreclosure advice from that attorney.

Can I represent myself in court?

If you've decided to fight your foreclosure, you are, of course, free to represent yourself in court. Going to court without the aid of an attorney is common in the American legal system and is known as "pro se" representation. Many homeowners contesting their foreclosures have represented themselves pro se, especially when they're financially strapped. If you don't have significant time or energy to devote to fighting your foreclosure, though, it's usually best to retain an attorney.