what kind of attorney could i talk to about what a foreclosure does

If you have been served with a foreclosure lawsuit or are a party to a foreclosure proceeding, you should contact a real estate foreclosure defense attorney right away. A real estate foreclosure defense attorney is an expert in foreclosure law. The attorney is the only person who can legally represent you. The attorney is a skilled negotiator.

Full Answer

What can a foreclosure attorney do for me?

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.

Do you provide legal advice about the foreclosure process?

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 …

What can a bank not do during the foreclosure process?

A good way to stop foreclosure on your home is to hire a home foreclosure attorney to file bankruptcy for you. There are two types of bankruptcy that your attorneys can file: chapter 13 and chapter 7. Chapter 13 Bankruptcy. A chapter 13 bankruptcy can stop foreclosure fast and give you more time to make payments on your home.

How do I fight a foreclosure in court?

Mar 05, 2014 · If you want to file for bankruptcy to stall the process or keep your home, you should talk to a bankruptcy lawyer. Tips for Hiring a Foreclosure Lawyer During the Coronavirus Pandemic. Hiring and dealing with a foreclosure defense lawyer is different now than it was before the coronavirus pandemic began.

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 to stop foreclosure?

If you want to save your home and stop foreclosure fast, our home foreclosure attorney can stop foreclosure immediately and save your home from wrongful foreclosure. There are two court-ordered methods to stop foreclosure: 1 Filing bankruptcy – You can file bankruptcy when you cannot keep up with your mortgage. 2 Filing a lawsuit – You can file a lawsuit if you are facing wrongful foreclosure because of your lender.

Can you pay off creditors in Chapter 7?

With chapter 7 bankruptcy, you can pay off your creditors, and it may eliminate your unsecured debt. Our attorney for foreclosure can help you with this by giving you legal advises throughout the bankruptcy process.

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.

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 respond to a foreclosure in Florida?

Once they file the lawsuit, you will be served a summons and complaint and become a defendant in the lawsuit. If you don’t respond to this summons and complaint, a default judgment will be issued against you, which means you will automatically lose your home.

What is foreclosure defense in Florida?

Florida foreclosure defense attorneys have the necessary skill and experience to use foreclosure defense strategies effectively. For example, an attorney will recognize when the lender lacks the standing to foreclose due to a wrong mortgage assignment. They will also recognize unfair lending practices and other missteps on the part of the lender that could save your home from foreclosure. These are just a few of the defenses an attorney will use, but all of them could possibly delay your foreclosure for years.

What happens if a lender forgives you?

If the lender forgives a portion of your debt but you still have a remaining balance at the end of the process, they could petition the courts for a deficiency judgment. This will hold you responsible for repaying any portion of the debt still owed.

What is notice of appearance?

A notice of appearance (NOA) tells the court and the lender that the attorney is representing you. Once it’s filed, all the communication and important documents pertaining to your foreclosure will be sent to your attorney, so you don’t have to deal with it directly. You also won’t have to act as the middle man between your lender and your attorney, which could cause things to get missed. An attorney will file this NOA for you, making life less stressful for you right from the beginning of your case.