How A Foreclosure Defense Attorney Can Help You
If you are considering seeking the professional advice from an attorney in order to help you prevent home foreclosure, it is important to know what benefits to expect. Unfortunately, mortgage issues can be highly complex and stressful matters that are difficult to understand. The guidance and support of a professional attorney can greatly benefit your case. Undeniably, an experienced and qualified attorney can help you keep your residence. The following are basic legal matters that can become much simpler with the support of an experienced foreclosure attorney. Here’s how a foreclosure defense attorney can help you.
Filing a Notice of Appearance
When hiring a foreclosure defense attorney, he or she will file a Notice of Appearance on your behalf. The Notice of Appearance is filed with your local court as well as the bank administering your loans. This initial step will ultimately allow the attorney to speak on your behalf on the issues. Once the Notice of Appearance has been filed, your bank will then send all related documents directly to your representing attorney. Ultimately, this procedure removes you from the transactional process and you no longer need to deal with the bank.
Responding to Summons and Complaints
In many states, your bank or lender must file an order to be able to foreclose on your residence. Once the procedure has taken effect, you will then be delivered what is known as a Summons and Complaint. This means that you have now become the defendant in a lawsuit with your lender, and your bank has now become the plaintiff in the case.
It is important to consider that you have the right to respond to the Summons and Complaint with an intention to fight the case and defend to keep your home. Of course, you must issue this response within a certain amount of time.
With the support of an attorney, he or she will answer to the Summons and Complaint and immediately begin defending your home from foreclosure. The help of an experienced attorney may be able to distinguish possible blunders within the complaint that you might not have otherwise noticed.
Appearing on Your Behalf on Settlement Conferences and Other Meetings
Many states demand mandatory settlement meetings that will require your attendance. The reason for these conferences is to have homeowners and loan lenders’ representatives meet in order to find a resolution amongst the parties. One of the main objectives behind these settlement conferences is to prevent the abandonment of properties and homes. When you have hired an attorney to represent you, you will not be required to attend the meetings. The attorney will therefore be able to advocate on your behalf and see that your rights are fairly represented.
Unfortunately, loan lenders account for a great deal of resources. They have countless attorneys at their disposal and they can also attend as many conference meetings as needed. As a working class citizen, it is often difficult to miss work, school, and other obligations. Attending conferences can ultimately cost you greatly if you have to call off of work frequently. An experienced attorney will not only attend the meetings on your behalf, he or she will also have the knowledge and experience necessary to advocate for your needs and rights during them.
The Ability to Utilize Defense Tactics
While seeking a permanent solution to your mortgage issue, an expert attorney will often use foreclosure defense tactics to support your defense and prevent a foreclosure on your mortgage. He or she will know what to expect when a lender attempts to foreclose your home. With this knowledge, the attorney will be able to defend your case if there are mistakes in the documentation. For example, the lender may not have obtained the adequate information to pursue foreclosure. Or it may turn out that the bank or lender has unfair or disproportionate lending practices. An attorney will be able to spot these mistakes.
There are various foreclosure defense tactics an experienced attorney could convey on your behalf, dependent on the conditions of your case. These tactics, when used, have been shown to, at the very least, delay the foreclosing process.
The Expertise to Help You Obtain a Loan Modification
If you are looking to prevent a home foreclosure, an attorney can fight on your behalf. If you are interested in permanently keeping your home, there is a high probability that what you are looking for is a loan modification. The costs for a loan modification are virtually none. There are also no closing costs associated with a loan modification, unlike that of a refinance. Unfortunately, it is very difficult to be approved for a loan modification when you are representing yourself. The majority of homeowners disputing a foreclosure fail to demonstrate that their income would qualify for a loan modification. A qualified attorney will be able to demonstrate the necessary documentation to help your case.
Hiring a Qualified Attorney
Based on his or her experience, a professional real estate law attorney can make recommendations that will best represent your needs. With the support of an expert attorney, you can relax knowing that you are being fairly and justly represented. You will have peace of mind knowing that the end results represent you, not just that of the lender.