When You Should Hire a Foreclosure Attorney Below are some situations where you should consider hiring, or at least consulting with, an attorney. 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. 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. The Servicer Is Dual Tracking 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.
You Need Help With a Loan Modification or Getting Another Loss Mitigation Option While you can apply for a modification on your own , in some instances—say you need help understanding your legal rights or the servicer violates the law— hiring an attorney just might make the difference between getting your mortgage modified and losing your home to foreclosure. You Want to Live in the Home for Free During the 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 Want to Get Some Extra Time to Live in the Home If your primary goal is to get a little more time to live in the home before the foreclosure is final, you can submit a loss mitigation application to the servicer.
You Don't Have Any Defenses to the Foreclosure and Want to Give Up the Home 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.
You Can't Afford Your Home and You Don't Want to Keep It Likewise, if you can't afford your house payments and don't want to keep your home, it might be a waste of time, effort, and money to hire an attorney to fight or try to delay the foreclosure. If You Decide to Hire a Lawyer If you decide to hire an attorney to represent you , it's a good idea to speak to several different lawyers to get more than one perspective and learn about all available options.
Talk to a Lawyer Start here to find foreclosure lawyers near you. Practice Area Please select Zip Code. How it Works Briefly tell us about your case Provide your contact information Choose attorneys to contact you. Foreclosure Laws. Foreclosure: The Basics. Foreclosure and Bankruptcy. State Foreclosure Laws. Alternatives to Foreclosure. Your lender usually has to wait until you're at least days late on your payment to initiate either a judicial or nonjudicial foreclosure, depending on state laws.
In a judicial foreclosure, you respond to the lender's lawsuit through the state court system. To fight a nonjudicial foreclosure, which doesn't require the lender to secure a judge's approval, you have to file your own lawsuit for the court's consideration. In either process, you should usually seek out an attorney for some situations in particular, such as when:.
When you're already dealing with foreclosure, digging into your pockets to fund a legal battle may not sound all that tempting. Attorneys can charge an hourly fee, usually with a retainer—meaning you pay for a specified number of hours in advance, and you may have to add to that if more work is required. Alternatively, a lawyer might charge a flat rate for a foreclosure case. A more complicated case or a more experienced attorney will usually mean a higher price tag, and you'll be responsible for any additional costs, such as court filing fees.
Altogether, the total can range from several hundred dollars to several thousand, depending on your particular predicament. Money may already be tight, but you can always start with free advice from a Housing and Urban Development HUD counselor. They can look over your paperwork and give you a better idea of whether an attorney is worth the cost for your case. Ask the HUD counselor if they can recommend any lawyers that work with affordable rates or who might take on your case "pro bono," or free of charge.
You can also search online for legal aid offices near you—they might be able to help for free, or at least for less than most attorneys charge. Ultimately, even if you can't afford to hire a foreclosure attorney, try to at least arrange for a consultation with one—even one meeting could put you in a better position to handle your foreclosure.
Whether or not you choose to hire them, they can answer your questions and offer crucial guidance. That way, you can get information specific to your state, organize what you'll need and get attorney recommendations. From there, check your state's website for more resources. You can usually find links to foreclosure attorneys and legal aid in the area, as well as links to pro bono and free consultation offers. Your local courthouse or state bar association can also offer references online or over the phone.
Once you hire a lawyer or schedule a consultation, be clear about your expectations from the start and offer them all the facts. Be sure to get critical questions answered, like whether you have a defense, which foreclosure alternatives they can help you with, and what they hope to accomplish with your case.
A foreclosure's effect on your financial history can be substantial. Payment history is the most significant factor of your credit score, so your score may have already taken a hit from any missed mortgage payments. Since that day 5yrs ago we have had the pressure removed. We were treated with the utmost…. Thank you for all of your help whenever I called or emailed you regarding my bankruptcy case. You were always helpful and quick to respond on helping me. I truly appreciate the awesome legal service that team at Acclaim Legal Services provided.
Many blessings…. When is it Time to Get Help? An Attorney Can Deal with Your Lender to Avert Foreclosure If there is enough time, a lawyer might be able to sign a deal with the bank to stop foreclosure. Help You Modify Your Loan A loan modification is a mutual agreement between the lender and the borrower that alters the loan's initial terms.
Foreclosure Mediation Some states allow borrowers the option of foreclosure mediation, where lenders and homeowners sit down together to come up with an alternative to foreclosure. Defenses an Attorney Can Raise in Court A lawyer might be able to make your defense stronger by pointing specific errors the bank made in the foreclosure process. Potential arguments an attorney can raise may include: The mortgage service or lender broke the loan contract, like not accepting your payments.
You are an active army member and should be legally protected against foreclosure under Servicemembers Civil Relief Act. The lender or mortgage servicer did not follow the proper foreclosure process.
Foreclosure in Michigan If you acquire a loan to buy real estate in Michigan, you will sign two primary documents: a mortgage and a promissory note. Michigan laws does not require the lender to issue an advanced notice to the homeowner. Foreclosure Stop Foreclosure in Michigan When is it too late to stop a foreclosure? Schedule a Free Consultation Call Now Glenda Burton, Michigan. Sam and Michelle Ann Arbor, Michigan.
Pay for a Consultation With a Lawyer You might want to schedule at least one consultation with a lawyer even if you can't afford to hire an attorney to represent you through the entire process. Find a Pro Bono Lawyer If you can't afford to hire an attorney—even for just one meeting—then you could try to find a pro bono free attorney.
Talk to a Lawyer Start here to find foreclosure lawyers near you. Practice Area Please select Zip Code. How it Works Briefly tell us about your case Provide your contact information Choose attorneys to contact you. Foreclosure Laws.
Foreclosure: The Basics. Foreclosure and Bankruptcy. State Foreclosure Laws. Alternatives to Foreclosure. Fighting Foreclosure in Court. Foreclosure Lawyers and Other Help. Chapter 13 Bankruptcy. Credit Repair. How to File for Chapter 7 Bankruptcy. See All Foreclosure Laws Articles. Related Products More.
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