Hiring a Foreclosure Attorney
Why Hire A Lawyer?
Don’t wait for your lender to come to you first.
Proving wrongful foreclosure is complex and the task is best undertaken by an experienced attorney who knows the applicable lending laws and has the resources to fully investigate documents relating to your loan.
Lenders may also be held liable for wrongful foreclosure because of fraudulent practices, fraudulent actions and certain predatory tactics. By retaining an attorney you could expect:
A thorough examination of the terms and conditions of your purchase agreement, mortgage and other relevant documents
A thorough understanding of your side of the story, your personal and financial situation and your interests and objectives
An analysis of your failure to make timely mortgage payments including any mitigating circumstances that may explain your default, such as the loss of your job or illness
An analysis of available defenses to a foreclosure complaint and any possible counterclaims
An assessment of viable options to foreclosure that are in your best interests
Negotiations with your lender to work out a solution to foreclosure
Zealous defense of your interests in all court filings and court proceedings
You should seriously consider hiring a foreclosure attorney if you think you have a valid defense to the foreclosure, like the servicer didn’t follow the law or made a serious error with your account.
In most cases, you’ll have to raise the defense in court, either by filing your own lawsuit (if the foreclosure is nonjudicial) or responding to the lender’s lawsuit (if the foreclosure is judicial), which can be complicated. This means that it is usually better to hire an attorney than to go it alone if you want to successfully save your home.
A legal aid office might be able to help you for free if you qualify financially. Most states have legal aid programs for low-income individuals who need assistance. Also, some housing agencies offer free foreclosure prevention clinics. At the clinic, volunteer attorneys and/or housing counselors will answer your questions and provide advice about the foreclosure process, which might include guidance on how to prepare and what documents to take to court, mortgage modifications, and foreclosure rescue scams. You might be able to speak with an attorney one-on-one or you might be part of a large group.
The bottom line is, even if you can’t afford to hire a foreclosure lawyer, there are other options that might be available to you so that you can get prepared for the process.