you need to find an attorney who has experience in the area of foreclosure defense

by Dr. Price Kessler 10 min read

Choosing a good real estate foreclosure defense attorney is important. You need to find one that is experienced in the foreclosure process in your state and has a success rate of stopping foreclosure actions and negotiating other options for their clients. The best way to find an attorney is from a referral source.

Full Answer

How do I know if my foreclosure defense lawyer is successful?

Background and Experience. Foreclosure defense is a relatively narrow area that is often connected to areas such as bankruptcy, real estate, and consumer law. You do not need to hire a lawyer who handles only foreclosure defense, although some do, but it should form a meaningful part of their practice.

What is foreclosure defense and do I need It?

There are many key things to take into consideration when the possibility of foreclosure rears its head. At minimum, you should consider: Retain the services of a foreclosure attorney who is experienced in foreclosure laws in your area. Such an individual can serve as the backbone of your efforts to find your way out of these dire circumstances.

How to find a good real estate lawyer?

Jun 02, 2010 · If you are facing foreclosure and are not sure what to do, I urge you to find an experienced attorney who is knowledgeable about foreclosure defense and bankruptcy to analyze your situation and to see what can be done to help you. While you may think you can't afford competent counsel, you can't afford NOT to have proper advice and assistance.

Do I need a real estate lawyer to close a house sale?

Oct 08, 2018 · However, you should make sure that you hire an attorney with relevant experience and skills in constructing a compelling foreclosure defense. Furthermore, it can be advantageous for your case if your lawyer has experience in short sales, deed in lieu, and other real estate areas, as it will allow them to protect your interests more effectively.

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What to do when facing foreclosure?

Be proactive. The worst thing you can do when facing foreclosure is to simply throw up your hands and give up. Simply staying in touch with your bank or other lender--and looking over your options with an attorney--can work wonders.

How to keep your home from being foreclosed on?

To keep from losing your home to foreclosure, you need to know your rights as a homeowner. Banks and other lenders are bound by certain laws and regulations, and must follow certain procedures before they can legally foreclosure on your home. With the help of a foreclosure attorney and possibly a bankruptcy lawyer, you may be able to solve your money crunch and keep your home.

Can you avoid foreclosure when buying a house?

When most people buy a new home, the last thing they ever expect to contend with is foreclosure. Unfortunately, circumstances beyond your control can put you on the road to losing your home. But even if the situation seems dire, there are ways to avoid foreclosure.

Is legal assistance bad for foreclosure?

Separating legitimate organizations from those engaged in foreclosure fraud can be nearly impossible for someone who is unversed in such scenarios, which is why legal assistance is never a bad idea.

Can a lender foreclose on your home?

The truth is, your lender doesn't want to foreclose on your home . In fact, your mortgage company would prefer to have you stay in your home, while sending them regular mortgage payments. But if you've fallen behind on your loan, it may seem as if it's impossible to get caught up.

Why it's a bad idea to represent yourself

The law allows people to represent themselves, so people are free to do this, but it is almost universally true that they will wind up hurting themselves, not helping. This is comparable to doing delicate surgery yourself on a loved one if you are not a surgeon.

What a good foreclosure lawyer will do

In evaluating each case, an attorney looks at all the issues that the borrower knows of, and then looks at all the other issues known to be defenses to foreclosure. Your attorney should decide on a tailored strategy, depending on the details and on the borrowers' situation and goals.

Avoiding cookie-cutter lawyers

There are many attorneys these days who offer to assist borrowers with foreclosure defense. If you go out to find a foreclosure defense attorney, be very careful and make sure to find someone with whom you feel comfortable, and make sure that that person understands your objectives and can explain to you how those can be achieved.

What are the successes of foreclosure lawyers?

Their successes include vacated orders of reference, judgments of foreclosure, and sale, a case dismissal with prejudice, the return of a home to a client who had been evicted, and late Verified Answers filed by stipulation where homeowners had failed to timely appear. The firm can assist you with fighting foreclosure, foreclosure alternatives, understanding the foreclosure process, how foreclosure affects credit, and more. Furthermore, each Long Island foreclosure defense lawyer at the firm is skilled and experienced in procedural defenses, in identifying and challenging fraudulent and misleading documents submitted by banks in pursuing a foreclosure, and with all of the legal aspects of any foreclosure case.

What happens if you lose your home to foreclosure?

Losing your home to a foreclosure can be a devastating prospect, one that can leave you feeling depressed, homeless, and with a tough economic future in store. You may be confused by the foreclosure process, be unaware of your legal rights, and feel you have little or no options.

What is a legal team?

The legal team is a group of detail-oriented, hard-working, and aggressive litigators who go out of their way to remain consistently accessible to clients. You will be given personal attention in an informal family-like atmosphere, with promptly-returned phone calls, and continued information and updates about your case. The firm offers foreclosure clients reasonable fees based on a per task billing schedule and permits you to make periodic payments over time after paying an acceptable initial retainer fee.

Is every foreclosure case the same?

Every foreclosure case is unique, based on a unique set of facts and circumstances. One aspect of every case is the same, however, which is that the homeowner needs to understand exactly what is going on, where he stands, and what he can do about it.

How to find a lawyer?

Location is an important factor in looking for a lawyer to represent you. Since your issue will likely depend on state or local laws and regulations, you will want an attorney who understands the regulations for your location. On the practical side, you will also want a lawyer who has an office that is convenient for you to travel to. Some lawyers are willing to travel to meet you, but may also charge for travel time. It’s usually a good idea to find a lawyer located in your geographical area. Besides legal knowledge of state and local laws, lawyers also have practical local knowledge. Lawyers in specific cities or towns will also have connections to helpful agencies in that city, which will expedite the process of resolving your issue.

How to make sure your attorney responds to your inquiries?

Does the lawyer you are considering hiring accept (and respond to) communication via email? Will they respond if you send a text? Make sure they respond promptly (within 24 hours) to your initial inquiries-- you don’t want to hire a lawyer who won’t return your calls or avoids prompt communication about your case.

How many practice areas does Avvo have?

Avvo attorneys handle cases in over 120 practice areas, including divorce, criminal defense, and bankruptcy.

Why is it important to understand a lawyer's previous experience?

Understanding a lawyer’s previous experience is essential to understanding how they can handle your case. You’ll want to ask how many years the lawyer has been practicing. A lack of experience doesn’t necessarily make for a bad lawyer, though, especially if they have experienced lawyers around them.

Why are lawyers important?

Lawyers are also important partners in situations that don’t involve the courtroom, advising clients about their legal rights and obligations for personal or business issues. They are trained to interpret complicated systems of laws and navigate the court system.

How important is it to understand a potential lawyer's availability?

It’s especially important to understand a potential lawyer’s availability. Will they be going on a three-week vacation in the middle of your case? Do they take phone calls after business hours? Do their legal assistants have a way to contact them if they are not in the office? You should have a good sense of how and when your lawyer will be available to communicate with you.

What does a lawyer do?

Your lawyer is your most important ally in any legal matter. They provide advice on how to proceed with your legal issue, and prepare important documents for you .

What does a real estate lawyer do?

In states that require a real estate lawyer to close home sales, the lawyer must review and finalize all documents before the deal can be legally completed. Real estate lawyers also help clients legally protect their rights when entering, exiting or renegotiating a real estate deal. You can hire a real estate lawyer as an individual or as a business. A real estate lawyer can help with negotiation, addressing mortgage fraud, managing foreclosures and bankruptcy, transfers of titles and deeds, property ownership disputes, zoning issues, creating a co-ownership contract for joint purchase of a property, and much more. Real estate lawyers can also protect you from issues that result when a known problem was not properly disclosed by the previous owner. Overall, real estate lawyers are an added cost when it comes to buying and selling property, but they also ensure your best interests are met, and that you and the people you are doing business with comply with the law.

How much does a real estate lawyer cost?

The national average cost for real estate lawyers ranges between $350 and $550, although prices can vary greatly based on the individual case. Many states, such as New York and Georgia, require that a real estate lawyer handle the closing documents when buying or selling a house.

Do you need a lawyer to close a home sale?

In states that require a real estate lawyer to close home sales, the lawyer must review and finalize all documents before the deal can be legally completed. Real estate lawyers also help clients legally protect their rights when entering, exiting or renegotiating a real estate deal.

What is the first qualification for a lawyer?

The lawyer will be helping you solve your problems, so the first qualification is that you must feel comfortable enough to tell him or her, honestly and completely, all the facts necessary to resolve your problem. No one you listen to and nothing you read will be able to guarantee that a particular lawyer will be the best for you; you must judge that for yourself.

How long can you be in jail for a crime?

Constitution guarantees you the right to be represented by a lawyer in any case in which you could be incarcerated for six months or more. State constitutions may guarantee your right to a lawyer for lesser crimes.

Do legal aid offices have their own lawyers?

Some legal aid offices have their own staff lawyers, and others operate with volunteer lawyers. Note that people do not have a right to a free lawyer in civil legal matters. I have been accused of a crime, and I cannot afford a lawyer.

Do lawyers use ads?

In some ways, yes, ads are useful. However, always be careful about believing everything you read and hear — and nowhere is this truer than with advertisements. Newspaper, telephone directory, radio, television, and Internet ads, along with direct mail, can make you familiar with the names of lawyers who may be appropriate for your legal needs. Some ads also will help you determine a lawyer’s area of expertise. Other ads will quote a fee or price range for handling a specific type of “simple” case. Keep in mind that your case may not have a simple solution. If a lawyer quotes a fee, be certain you know exactly what services and expenses the charge does and does not include.

What does a real estate lawyer do?

In states that require a real estate lawyer to close home sales, the lawyer must review and finalize all documents before the deal can be legally completed. Real estate lawyers also help clients legally protect their rights when entering, exiting or renegotiating a real estate deal. You can hire a real estate lawyer as an individual or as a business. A real estate lawyer can help with negotiation, addressing mortgage fraud, managing foreclosures and bankruptcy, transfers of titles and deeds, property ownership disputes, zoning issues, creating a co-ownership contract for joint purchase of a property, and much more. Real estate lawyers can also protect you from issues that result when a known problem was not properly disclosed by the previous owner. Overall, real estate lawyers are an added cost when it comes to buying and selling property, but they also ensure your best interests are met, and that you and the people you are doing business with comply with the law.

How to make sure you like a real estate agent?

Make sure you like the real estate agent and they treat you with respect. Confirm whether they or another person will be working on your case and make sure you’re comfortable with all members of their team.

What type of attorney is best suited to prepare a will?

Family attorneys and estate attorneys, also called probate and wills attorneys, can each prepare wills. The type of lawyer best suited to prepare your will depends on your situation. Most family attorneys provide services to prepare basic wills, including bequeathing property and personal items to family or naming a guardian for minor children. However, estate attorneys specialize in preparing wills in more complex situations. Consider hiring an estate attorney if you:

What does an immigration lawyer do?

What does an immigration attorney do? Immigration lawyers help their clients through all phases of the immigration process. Experts on immigration law, they are legally qualified to represent U.S. citizens, permanent residents or undocumented immigrants.

How to choose a personal injury lawyer?

When looking for a personal injury lawyer, research their reviews and make sure former clients have had good experiences with them. Next, make sure the personal injury lawyer has experience and proven success winning cases similar to yours. Confirm that the lawyer is licensed to provide services in your state. When you find a qualified personal injury lawyer with whom you want to work, freely discuss payment and fees before any work begins. Most lawyers offer a free consultation to learn what your case is about and explain their rates. Personal injury attorneys typically receive a percentage of your settlement (called a contingency fee), so they are paid after the trial or case is complete. Keep in mind that some attorneys have fees that you must pay even if you don’t win your trial. It’s important to understand these details before work begins so you don’t have any unhappy surprises later. Lastly, it’s wise to choose a personal injury lawyer that you have confidence in and with whom you can communicate openly and honestly.

How much does a bankruptcy attorney charge?

Hourly rates for bankruptcy attorneys range from $200-$300. In total, customers spend an average of $999-$1,183 for their services. But because lawyers have different fee structures, you should always ask for an estimate from several bankruptcy attorneys in your area before hiring one.

Do you need a lawyer to close a home sale?

In states that require a real estate lawyer to close home sales, the lawyer must review and finalize all documents before the deal can be legally completed. Real estate lawyers also help clients legally protect their rights when entering, exiting or renegotiating a real estate deal.

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