You can avoid complicated court procedures with a foreclosure defense attorney. Banks follow strict guidelines when it comes to foreclosures. To get around these laws, they may use loopholes or gray areas. A foreclosure defense lawyer knows how to avoid these tactics, and get the case dismissed. Continue reading to learn more about the top reasons you should hire a foreclosure defense lawyer. You’ll be glad that you did.
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They Understanding Of The Law
Foreclosure defense is a process in which a homeowner must respond to a lawsuit filed against them in foreclosure court. The homeowner has between 20 and 30 days to respond. During this time, he or she must submit legal documents to the lender. During this time, an attorney can take advantage of the time to develop an argument for the homeowner’s position. An attorney representing the homeowner’s interests can maximize their client’s leverage. These pleadings often include a notice of appearance and an answer.
Although you shouldn’t expect your attorney to file a motion for your benefit, a good Fort Lauderdale Foreclosure Defense Lawyer will file lawsuits against the lender regularly. These lawsuits can often result in substantial leverage and a good foreclosure defense lawyer will be able to use the law to this end. A good foreclosure defense lawyer will, for example, depose the bank representative in court to obtain important information.
Foreclosure Defenses are Complex
Foreclosure defenses are highly technical and can take several forms. Foreclosure defenses can focus on technical non-compliance on the lender’s part, as in the case of non-recorded Assignment of Mortgage. They can also be focused on other factors such as lack disclosure or predatory lending. Here’s a quick overview on common foreclosure defenses and the underlying legal issues.
A skilled foreclosure defense lawyer can help you protect your home. He or she will thoroughly investigate your case and explain all your options, so you can choose the best one. A default judgment can have devastating consequences, so it is important to follow court procedures. It’s vital to consult a foreclosure attorney as soon as you receive notice of a foreclosure action, as delays or errors can lead to your foreclosure.
Avoid complicated court procedures
Regardless of the nature of your mortgage debt, it’s always best to seek legal advice. Sometimes banks and mortgage servicers resort to aggressive tactics to foreclose your home. This may not be legal. A foreclosure defense attorney is familiar with the details of the foreclosure law and how you can stay within it. You might be able delay foreclosure proceedings or convince your lender to modify your loan. Ultimately, you’ll save money and keep your home.
Before hiring a foreclosure defense attorney, consider how much your financial situation might be worth. Foreclosure proceedings can be very emotional, and an experienced attorney can fight for your rights against the bank. An experienced attorney can negotiate a “loss mitigation” agreement for you, similar to a loan modification. He can file bankruptcy on your behalf. This could save your home. If you’re considering bankruptcy, a foreclosure attorney can also help you save your home by signing a deal with your lender.
Get Loan Modification Approved
A foreclosure lawyer can fight for you in court to prevent the repossession of your home. You are not the only one who has fallen behind in your payments. Many homeowners believe they will never be able avoid foreclosure. However, this is not true. If you work hard, it is possible to get loan modification approvals. In fact, with the right representation, you may even be able to avoid foreclosure all together.
You will need to file a modification request for your loan through the same company that handles servicing. This is usually the company that sends your monthly mortgage statement. It contains your loan number and information about your interest rate, payment amounts, and owing amounts. The servicer’s address is also on your mortgage statement, so you can communicate with them through that address. You may have switched servicers. If you wish to file a loan modification request, you will need to provide the correct address. The process will not be successful if you send the application to the wrong company.
Avoid Dual Tracking
Avoid dual tracking if you are contacted by a mortgage company to stop a foreclosure sale. Dual tracking occurs when a servicer forecloses on a home, but still tries to work with the homeowner to find another solution. Foreclosure lawyers can help you protect your rights under federal and state law. Simply sending a letter to the servicer won’t stop a foreclosure sale.
Dual tracking is something you need to avoid when hiring a foreclosure defense lawyer. Dual-tracking is when a servicer proceeds to foreclose even though the borrower is applying for loan modification. In these circumstances, the borrower’s loan servicer may have already completed a process for alternative to foreclosure, but it is still proceeding with the sale of the home. If the process is not complete before the sale, the borrower could lose his or her property. Dual-tracking is prohibited by federal law and some state laws.
Read also: 12 Reasons To Sell Your House For Cash