Why You Need a Foreclosure Attorney When Facing Foreclosure

When a lender tries to gain control of a property against the will of the owner, a good lawyer is often recommended. It is recommended not to wait to hire an attorney after you’ve been removed or the property has been sold. The main reason behind the recommendation is to avoid all such hassles. Reaching out to an attorney is much more rational prior to facing all these troubles. 

A foreclosure occurs when the homeowner fails to make payments containing both the interest and principal. This is usually per the agreement on the contract that was signed initially. However, sometimes situations occur, and it is not possible. What is a foreclosure?

Reasons that Could Stall a Foreclosure Attempt

If the homeowner has a reasonable reason as to why they are not able to currently make the payments, a lawyer may be able to assist. The reasons a homeowner may have can vary. A few circumstances in which a lawyer may be able to help are listed below:

  1. improper foreclosure procedures 
  2. homeowner in the military
  3. dual tracking 

There are different types of laws in various states concerning foreclosures. An attorney will need to know the most updated laws that are set in place for that particular city. How can a foreclosure lawyer help? For example, a few states have enacted pre foreclosure regulations. These regulations are regarding the loss mitigation requirements. 

This law requires that the lender notify the homeowner concerning mediation options, give contact information, and let the owner know about counseling agencies regarding housing. Etc. State regulations are one thing, but when it comes to federal law, the arena is the same throughout the US. Queens foreclosure attorneys have the knowledge and experience when it comes to the current law. 

Protecting their clients and keeping them aware of what their rights are, is what lawyers have been trained and educated to do. They are expected to enlighten their clients, so that they can know what to do next, to protect themselves. Queen’s foreclosure lawyers are known for their professionalism and passion. Working for the rights and well-being of their clients is the norm and part of their daily routines. 

Improper foreclosure procedures can include botched paperwork, forged signatures, etc. Foreclosure defendants must sign their paperwork. When the paperwork has been sent over to the courts without being signed is considered an improper procedure. Queen’s stop foreclosure lawyers practice with the highest rule of ethics in mind. 

If you are in the military, there are valid reasons why you could get your default judgment reopened. One reason could be that your involvement in the military has interfered with your ability to make your payments. Reopening a judgment must be done within 90 after it takes place. Besides, most states have statutes that give military families extra assistance. 

Dual tracking is illegal. However, it does take place. The best way to fight this illegal practice is by hiring an experienced attorney. If a homeowner has an application pending for a loan modification, the attorney will not be able to move forward with the foreclosure until the application has been approved or not approved. 

A homeowner can stop a home foreclosure if it can be proven that this has taken place. Homeowners are normally only allowed an application decision on one application. So if the homeowner quickly files another application, in hopes of stalling the process, that will not hold up in court. 

An attorney that has been practicing for some time will be able to understand the fine print of legal documents. They are educated and know what is reasonable and what is not reasonable in cases like these. Finding a good lawyer early in cases like these is highly recommended.

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  • Radowlaw Team