What Can A Foreclosure Defense Attorney Do For Me?
Foreclosure Defense Attorneys. What can they do for me?
If you’re in foreclosure, you may have considered hiring an attorney to help you avoid foreclosure and/or get a loan modification. You may be asking yourself, “What specifically does an attorney do that can help me keep my home?” Most people know that their mortgage issues are far too important to try and tackle all alone, but may wonder how exactly an attorney can help. It is important to keep in mind that a foreclosure is a LAWSUIT filed by a lending institution against a borrower/homeowner. Here are some examples of how you could benefit from hiring a Foreclosure Defense Attorney:
Filing Notices and Answers
Notice of Appearance
The first step that needs to be taken by an attorney you’ve hired is for them to file a Notice of Appearance (NOA) with the court and your mortgage company/servicer so that they can officially represent you.
Answering the Summons and Complaint
In the state of Florida you have the legal right to respond to/answer the complaint you are served within 20 days.
A summons is a written notice, which usually is accompanied by the complaint, notifying the defendant and the court that the complaint has been served on all relevant parties and listing the date of the first court appearance for the lawsuit.
A foreclosure defense attorney will answer the summons and complaint and state your intentions to fight the lawsuit and keep your home. There may be issues or errors within the complaint and an experienced attorney can find these mistakes and point them out.
Sometimes the Best Defense is a Good Offense
Most homeowners that find themselves in foreclosure are looking for some kind of a permanent solution, such as a loan modification, forbearance plan, or other workout plan to help bring the loan current. While your attorneys’ legal team works towards a permanent solution, your attorney may use foreclosure defense strategies to help prevent the plaintiff (the investor who owns your mortgage) from foreclosing. While different attorneys have different tactics, most attorneys will try to put the lender of the defense by arguing that they lack the legal standing to foreclose due to mishandling of mortgage assignment or improper mortgage assignment. There are many motions that your attorney can file that can force the lender to have to produce additional documents to prove they have the right to foreclose. This can temporarily take them off of their offensive strategy and put them on the defense.
Help with Loan Modification/Loan Restructuring Plan
If your goal is to save your home from foreclosure, a loan modification is the best solution available as it is the only permanent way to keep your home. There are no closing costs associated with a loan modification unlike a refinance. Unfortunately, for most homeowner in foreclosure, a refinance is almost always impossible once you’ve fallen behind on your mortgage payments. The major downside to applying for a loan modification is that the lender requires copious amounts of documents to determine whether or not you qualify for a modification. Most homeowners find it extremely difficult to show their lender that their income falls into the acceptable range required to be approved for a loan modification. A legal team with years of experience with loan modifications will know exactly what the mortgage company needs in order to evaluate a homeowner. More importantly, an experienced attorney knows what the bank needs to see and how to show it to them, which can help you get the result you’re looking for.
One of the best things an attorney can provide you is their good judgement. An experienced attorney has the ability to advise you on the best course of action to help you achieve your desired final outcome, or the best alternative. Without the advice of a legal professional who has been down this road before, you could run the risk of wasting valuable time trying to figure out what needs to be done instead of efficiently taking the proper steps to save your home from an inevitable sheriffs sale.
How do I hire an attorney?
Hiring an attorney is an important decision. You should take the time to speak with someone that is knowledgeable and understands the legal process of foreclosure. BEWARE OF FORECLOSURE RESCUE SCAMS! Only an attorney can charge a fee for legal services such as Foreclosure Defense and assist with a loan modification. If you would like to speak with a member of our legal team or an attorney, we welcome you to call 877-241-2200 today, or fill out the form below to make an appointment.