How to Tell if You Need a Foreclosure Attorney
You’ve received a formal notice of foreclosure in the mail. What do you do now? In some situations, you might be able to handle the case on your own. In most circumstances, homeowners benefit from paying a foreclosure attorney to assist them. Each foreclosure case is different, so should you consider hiring an attorney? Read below to learn if it’s appropriate to hire an attorney for your foreclosure case.
1. You Have a Defense
If you believe you have a defense and want to keep your home, you’ll have to raise the defense in court, either by filing your own lawsuit or respond to the lender’s lawsuit. In both instances, you may need an attorney. Some examples of defenses that will need assistance from an attorney are: if the foreclosing party didn’t follow the proper foreclosure procedures, the foreclosing party can’t prove it owns your loan, or your loan service made a serious error with your account.
2. You’re Interested in Loan Modification
Loan modifications (also known as “Loss Mitigation”) are used as a means of helping you save your house and stave off foreclosure. After the recent mortgage crisis, the federal government created a program known as the Home Affordable Modification Program and its counterpart called the Home Affordable Refinance Program. These programs were designed to lower monthly mortgage payments to make them more affordable. If you qualify, these modifications may lower your interest rate, extend the term of your loan, and may reduce or delay principal payments. If you hire a foreclosure attorney, they will handle all dealings with your lender or work directly with attorneys for the bank to get the modification process moving forward.
3. You’re in The Military
Active military service members have special protections against foreclosure and have certain rights under the Servicemembers Civil Relief Act (SCRA), which provides legal relief to military personnel who are in danger of foreclosure. The SCRA states that service members are entitled to certain protections from the foreclosure of mortgage obligations taken out before going on active duty, and there are also protections that pertain to mortgages taken out after going on active duty. The SRCA offers many options to help a service member facing foreclosure, so it would be beneficial to hire an attorney to help review the options available.
An attorney will have special skills and knowledge to fight or proceed with a foreclosure, and they’re constantly keeping themselves up to date on foreclosure laws. Under most circumstances, you have a small chance of successfully defending yourself against a foreclosure unless a skilled foreclosure attorney helps you. Tadross Law will represent homeowners facing foreclosures, and aid in navigating through the options available to make the right choices for their situations. If you’re facing a possible foreclosure, It’s important to take action as soon as possible. Consultations at Tadross Law are entirely free and last about 30 to 45 minutes or longer depending on the client’s needs. Call Tadross Law today to discuss your options!