what kind of help a forclsures attorney can do

Services Your Attorney Can Provide

• Write a letter to your lender.
• Prepare required documentation for a mortgage modification, deed in lieu, short sale or other foreclosure resolution...
• Litigate the matter in court if necessary and defend your rights.
• Negotiate with your lender.
• File a bankruptcy action in Bankruptcy Court stopping the foreclosure action.

Full Answer

How can a foreclosure attorney help you?

What if I can't afford to hire a lawyer?

Do military servicemembers have special protection against foreclosure?

Services Your Attorney Can Provide Write a letter to your lender. Prepare required documentation for a mortgage modification, deed in lieu, short sale or other foreclosure resolution... Litigate the matter in court if necessary and defend your rights. Negotiate with your lender. File a ...

What Does a Foreclosure Defense Attorney Actually Do for You?

Monday, September 19, 2016 Maxwell Swinney new jersey foreclosure attorney , florida foreclosure defense , pennsylvania foreclosure defense , illinois foreclosure lawyer , loan modification lawyer , loan modification , foreclosure defense , new york foreclosure attorney , foreclosure defense attorney

File A Notice of Appearance (NOA)

If you hire a foreclosure defense attorney, they will file a notice of appearance (NOA) with the court and your bank so that they can enter into your case and officially represent you. After it's filed, the bank will send information directly to your attorney without you having to act as an intermediary.

Answer Summons and Complaint

In judicial foreclosure states your lender must file a lawsuit to foreclose on your home. To do that you will be served a summons and complaint. When that happens, you become the defendant in the lawsuit and your bank is the plaintiff.

Appear At Settlement Conferences

States like New York have mandatory settlement conferences for owner occupied properties where the homeowner and the bank's representative meet with a court appointed referee to try to come to a resolution that doesn't end in foreclosure or an abandoned property.

Use Foreclosure Defense Strategies

While a permanent solution, such as a loan modification is being pursued, your attorney may use some foreclosure defense strategies to prevent foreclosure. They may argue that the plaintiff lacks the standing to foreclose because of a bogus mortgage assignment.

Assist You In Getting a Loan Modification

If you're looking to save your home, you probably want a loan modification because it's the only permanent way to keep your home. It costs nothing to modify a loan and there are no closing costs like with a refinance. The one downside is that it's very hard to get approved for one on your own.

Good Judgment

One of the most important things an attorney provides you with is their judgment. Based on their experience, an attorney can advise you on what course of action is likely to be the most successful and how to go about achieving it.

How to stop foreclosure?

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.

Why do attorneys get results?

Attorneys get results for their clients because lenders are more apt to respond if an attorney is involved.

Can an attorney negotiate a financial settlement?

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

Who can legally represent you?

The attorney is the only person who can legally represent you.

Is foreclosure a complex matter?

A real estate foreclosure is a complex matter. The average homeowner does not understand the foreclosure process. Homeowners may attempt to resolve the issue at first on their own, but usually find it necessary to hire an attorney. The attorney is knowledgeable about foreclosure laws.

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.

How to defend against foreclosure?

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. 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 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 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.

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.

Expert Q&A

Include your email address to get a message when this question is answered.

Tips

Be realistic about your situation and your finances. Being threatened with foreclosure can be a traumatic and emotional process. Provide your potential attorney with all of the information you have.

Warnings

Watch out for lawyers who make unrealistic promises. If a lawyer promises you that he or she can save your house, even if you have not paid your mortgage in 6 months and you do not have a job, you should be suspicious. Look for an attorney with realistic recommendations.

About This Article

This article was co-authored by Clinton M. Sandvick, JD, PhD. Clinton M. Sandvick worked as a civil litigator in California for over 7 years. He received his JD from the University of Wisconsin-Madison in 1998 and his PhD in American History from the University of Oregon in 2013. This article has been viewed 8,145 times.

What is foreclosure process?

The foreclosure process is a lawsuit brought by the bank or lender to force the sale of property to satisfy the outstanding debt. In most instances, the court will order a sale of the property after deciding the actual balance due on the mortgage (this includes accrued interest). The proceeds of the sale of your property will then apply to ...

What is foreclosure in real estate?

A foreclosure is forced sale of home or property by a financial institution such as a bank or mortgage company. Unless you paid for your property in full (cash) at the time of purchase, most property owners use a 3rd party to provide the additional funds to complete the sale. As a result, the owner is obligated to repay ...

How long does a foreclosure last?

The foreclosure process varies from state to state, but the process is generally very straightforward and typically lasts up to 6 months. The process depends on whether the foreclosure is a judicial sale or a nonjudicial sale.

What to do if you think you may default on your mortgage?

An attorney can also represent you in a foreclosure proceeding to make certain your interests and rights are protected.

What happens when a property owner fails to pay the mortgage?

When a property owner fails to make payments as part of the loan agreement for their mortgage, the bank or other lien holder may begin foreclosure proceedings to take possession of the property to satisfy the debt owed to them.

Can a lender purchase a property and sell it independently?

The lender issuing the default can also purchase the property and sell it independently in a private sale. At this time, the homeowner must vacate the property or an unlawful detainer will be filed to evict the homeowner if he or she is still living on the property after the sale.

Can an attorney defend you in foreclosure?

An attorney will not only defend you in the foreclosure proceeding, but will also work with your lender to figure out alternatives which may help you remain in your home. You should speak with an attorney regarding your foreclosure situation in order to determine your possible courses of action.

What is an attorney responsible for?

In most law firms, attorneys are responsible for hiring, training, and supervising other legal professionals, including paralegals, legal assistants, and administrative staff . If you’ve worked in a law office for any length of time, you know that some attorneys are great at this – and others need vast improvement.

Is everyone working at maximum capacity in law firms?

In most law firms, everyone is working at near maximum capacity all the time. There is also a pervasive pressure to create high-quality work on a consistent basis. Fortunately, many legal teams meet both of these hurdles most of the time.