what kind of lawyer do i need for a loan that was taken out inmy name

by Kris Gerlach 7 min read

You need to talk to an attorney who knows RESPA, the Real Estate Settlement Procedures Act. As of January 2014, there are new regulations that are designed to prevent you from getting the runaround about loss mitigation and having to reapply multiple times.

Full Answer

Can I use a personal loan to pay for a lawyer?

Apr 01, 2022 · The entire application process is completed online and can be finished in minutes. One benefit of Figure is that you can get prequalified for a loan without any impact on your credit score. Credit score category: Good or excellent. Soft credit check: Yes. Deposit time: As fast as two days. Origination fee: 0% – 3%.

Can you take out a personal loan for divorce legal fees?

Feb 11, 2019 · They will need to consider the cost of their attorney’s fees, their income, the type of loan they wish to apply for and an estimated time for the repayment of a loan for an attorney. Next, they should begin their search for a lender. The next step is to connect with a loan shop to help you find a direct lender.

Should lawyers use loans or financing to pursue legal goals?

Contact a lawyer for claims exceeding the amount accepted by the small-claims court. These cases will be judged at a civil division of the superior court, and going in without a lawyer can put you at a disadvantage. This is especially true if the borrower hires an attorney.

Can I borrow against my home to pay for a lawyer?

Feb 25, 2021 · Taking out a personal loan for divorce legal fees entails special considerations. A family law attorney will typically require a retainer upfront but could ask for more money when negotiations become hostile due to the super-charged emotions and contentious issues. Child custody and visitation rights; Division of marital assets; Child support and alimony

What if someone takes a loan out in your name?

If someone is using your information to open a new account or take out loans in your name, submit an identity theft report with the Federal Trade Commision (FTC). You can do so online at IdentityTheft.gov. Once you enter your information, the FTC will give you a recovery plan with suggested steps you should take.Jan 4, 2022

What do you do if someone is using your name and address?

Report identity (ID) theft to the Federal Trade Commission (FTC) online at IdentityTheft.gov or by phone at 1-877-438-4338....It could be necessary if:You know the identity thief.The thief used your name in an interaction with the police.A creditor or another company requires you to provide a police report.

Can my wife take out a loan in my name?

A lender cannot place a lien without getting the property owner's consent. This means that your spouse must sign the mortgage contract as a property owner if you take out a loan against a property that you jointly own.

Can someone take a mortgage out in my name?

You usually do this by filing a quitclaim deed, in which your ex-spouse gives up all rights to the property. Your ex should sign the quitclaim deed in front of a notary. One this document is notarized, you file it with the county. This publicly removes the former partner's name from the property deed and the mortgage.

What are the first signs of identity theft?

9 Signs of Identity TheftUnexplained charges or withdrawals. ... Medical bills for doctors you haven't visited. ... New credit cards you didn't apply for. ... Errors on your credit report. ... Collection notices or calls for unknown debt. ... Your credit card or application for credit is denied. ... Missing mail or email.More items...

How can I check to see if someone is using my Social Security number?

If you believe someone is using your Social Security number to work, get your tax refund, or other abuses involving taxes, contact the IRS online or call 1-800-908-4490. You can order free credit reports annually from the three major credit bureaus (Equifax, Experian and TransUnion).Nov 19, 2019

Can I take out a loan without my husband?

In a common-law state, you can apply for a mortgage without your spouse. Your lender won't be able to consider your spouse's financial circumstances or credit while determining your eligibility. You can also put only your name on the title.Feb 21, 2022

Can I get a loan without my wife knowing?

Single Loan Applications There is no legal requirement for married couples to apply for financial products together. You don't even have to tell your partner you're applying for a loan, but it's best to be honest with your partner about your finances.Feb 5, 2019

Can I go to jail for opening a credit card in my husbands name?

In short, the answer is no: it is illegal for a spouse to open a credit card in his or her partner's name. This may come as a surprise to some, but there is a simple explanation behind the criminal denotation. You may think that a credit card is just like a shared bank account, but that's not true.Jul 18, 2019

What is mortgage theft?

Review of Mortgage Fraud Laws and Best Defenses PC 532f covers not only residential mortgage loan transactions, but also commercial and other forms of credit. Put simply, mortgage fraud occurs when somebody commits a fraudulent act directly related to the purchase, sale, rental or financing of real estate property.

Can you remove someone's name from a mortgage without refinancing?

You can remove a name from your mortgage without refinancing by informing your lender that you are taking over the mortgage, and you want a loan assumption. Under a loan assumption, you take full responsibility for the mortgage and remove the other person from the note.Jul 23, 2020

How do you take over someone's mortgage?

You can legally take over a mortgage by assuming the original loan, provided you meet the bank's requirements. An "assumable" loan is secured by a mortgage that contains no "due on sale" provision. Ask to see the seller's mortgage documents to determine if it is assumable. Most conventional loans are not assumable.

Understanding Mortgage Modifications

Before you can figure out if you should hire an attorney to help you with a mortgage modification, you must first understand the basics about modif...

When You Should Consider Hiring An Attorney to Help With Your Mortgage Modification

Below are some situations where you should consider hiring, or at least consulting with, an attorney.

When You Might Not Need An Attorney to Help With A Mortgage Modification

The following are a few situations where you probably don’t need to hire an attorney to assist with the modification process.

What is considered low income?

These programs employ legal professionals to provide free services to eligible applicants. These programs are funded by federal grants. Qualification for these types of programs is determined by income. Generally a person’s income must fall below the federal poverty line. People in need of free legal services should contact the legal aid office in their area.

What happens when you get a loan to pay for a lawyer?

If a person is distressed because they are in dire straits in terms of their finances, a loan to pay for a lawyer can give them the funds they need to take care of their mortgage or rental payments, automobile loans, medical finance expenses and other living expenses while their lawsuit is progressing.

Do personal injury attorneys get paid?

Many attorneys will prepare and try cases on a contingency bases. This means that they only get paid if they achieve a settlement or a judgement for their client. Many personal injury attorneys work these types of cases.

Can a criminal defendant get a lawyer?

People in this situation may obtain a court-appointed attorney if their income eligibility is verified.

Is there a free hotline for domestic abuse?

People in need of legal services due to situations like domestic abuse can call a legal hotline in their area for advice. Laws do vary from state to state, so it’s important for people to call the hotline in the state they are in to ensure they receive the correct information. In many cases the services provided through legal hotlines is free. There may be some however, that provide their services at a minimal cost.

How to get money back from a personal loan?

If you have been the lender of a personal loan that is unpaid, there are ways to sue to get your money back. The route you take depends largely on the amount of the loan. Gather all of the information you have that relates to the unpaid loan, such as a promissory note, loan agreement, contract, emails, correspondence or voice-mail messages.

Why are personal loans considered risky?

Since these tend to be loans made between people and not institutions, often the borrower feels a bit less pressure when it comes to paying it back . This could be because, unlike with a bank or the Internal Revenue Service, they are not as likely to be sued.

How long does it take to file a small claims lawsuit?

Contact the small-claims court location within your county or the county where the loan was made. A lawsuit can be filed up to four years after a loan has been unpaid, and maybe you moved since that time.

Do not forget court date?

Do not forget the court date, and show up on time. Find out from the court clerk or your lawyer if you will be able to recover filing and other court-related fees . You can hire a lawyer for a small-claims court case. Do not forget the court date, and show up on time.

Can you file a small claims lawsuit at the wrong place?

Filing at the wrong place will most likely get your case dismissed. Ask the court clerk any questions you might have, such as the dollar limit you can sue for and the overall filing procedure. A small-claims court will allow lawsuits that are less than a certain amount, and this number differs in different states.

What is a legal retainer loan?

Loans for Legal Retainer Fees. Personal loans for legal expenses are often ideal financing options for retainer fees when you can reliably estimate your case’s total cost. A retainer fee is money paid in advance before the lawyer performs any legal services. Personal loans fit retainer fees well because of the one-time nature of both.

Why do subprime lenders target consumers with low FICO scores?

Subprime finance companies target consumers with low FICO scores because of adverse history on their consumer reports (bankruptcies, charge-offs, repossessions, etc.). Be prepared with these elements to improve your approval odds further so you can hire an attorney to fight for your rights.

What does DTI mean in subprime loans?

DTI = monthly installment payments/monthly income.

Why is FICO 550 bad?

People with FICO scores below 550 because of adverse history on their consumer report face low approval odds, making it harder to hire a lawyer. However, clients with lousy credit history can overcome their weak borrowing credentials and find a lender willing to say yes using two strategies.

When will personal loans be available in 2021?

May 16, 2021. February 25, 2021 by Kevin Haney. Personal loans can be a feasible option to fund legal expenses such as attorney retainer fees. Many lawyers will not begin working on a case until the client deposits money into an escrow account.

Can you get a personal loan for criminal defense?

A personal loan for criminal defense legal retainer fees makes sense for defendants who can work or drive while fighting misdemeanor or felony charges. In other words, you are not in jail, and your driver’s license is active.

Why do you need an attorney to get your home back after foreclosure?

Because it's very difficult to get your home back after a completed foreclosure, you want to deal with violations of loss mitigation laws before the sale . Having an attorney on your side gives you a better chance of getting results before your home is sold.

What to do if you have difficulty with foreclosure?

Ultimately, if you find yourself having difficulty with the application or your servicer isn't abiding by the law, you should consider consulting with a qualified, reputable foreclosure attorney who can help you with the process.

How to get a mortgage modification?

Hiring an attorney may be a good idea if you want a mortgage modification, but you don't understand the application process or have a complicated situation. For example, it might be worthwhile to hire an attorney if you've spoken to your loan servicer about a modification but are confused about: 1 how to fill out the application 2 what documentation you need to submit along with an application, or 3 how to explain your financial hardship or situation in the application.

What happens if a servicer violates state law?

If your servicer violates state law while foreclosing on your home, your attorney might be able to use the violation or violations as leverage in getting you a loan modification. Keep in mind that servicers often make mistakes when servicing loans and in the foreclosure process. A lawyer could uncover errors that you won't even notice.

How long can a servicer be delinquent on a loan?

For example, under federal law, the servicer generally can't start a foreclosure until you're more than 120 days delinquent on the loan.

What happens if a servicer denies a modification?

If the servicer denies your modification request, in many cases, you'll also get some time to make an appeal. An attorney might be able help you in showcasing why the servicer made an error in denying your application so that you're more likely to get approved for the modification in your appeal.

What to do if you aren't sure what to do?

If you aren't sure what to do—say you're facing foreclosure, but you aren't sure if a modification is right for you—and want to know about all of your options, an attorney can help you understand your legal rights and give advice about the best course of action in your situation.

2 attorney answers

I understand the desire to hunt the thief down and get justice, but you have to be realistic. There is nothing to sue the lender for because they owe you no duty under statute or common law. Suing the individual will get you nearly nothing because it is very difficult to collect from an individual in Texas...

Lu Ann Trevino

I've dealt with this type of case before. Here's what I suggest: First, you need to call the police and make a report. Second, you can obtain the banking information through a subpoena. However, issuing a subpoena is not something you can just send to them.

3 attorney answers

Please find a real estate lawyer and bring all your paperwork. The Middletown area has some decent practitioners. It may be helpful to call a lawyer in general practice. . .this is not an uncommon problem. Try the AVVO Find a Lawyer Tab. Good luck.

Sheldon Philip Starke

You need to talk to an attorney who knows RESPA, the Real Estate Settlement Procedures Act. As of January 2014, there are new regulations that are designed to prevent you from getting the runaround about loss mitigation and having to reapply multiple times.

Gregory Adam Wetzel

The CFPB was created in theory to protect the consumer and they want your complaint about your lender. Ensure you have filed your complaints with specificity here: http://www.consumerfinance.gov/complaint/ Keep in mind, they will gather those and potentially investigate the lender, but they aren't going to solve every situation.

Why do people use unsecured loans?

People use unsecured personal loan s for a number of reasons. They are usually used to make a big purchase or to consolidate debt. But they can also be used for legal fees.

What is secured credit?

Secured loans, for example, are one option for borrowers with poor credit (usually under 600 ). When you take out a secured loan, you’re required to put something up as collateral– usually your house or car. There are also secured credit cards tailored to people with bad or no credit.

How long can you carry a credit card balance without paying interest?

This type of promotion allows you to carry a balance on your credit card for a set period (anywhere from six months to two years) without paying any interest.

What is the non profit organization that helps people without legal aid?

Another option is Legal Services Corporation, a non-profit that Congress set up. It helps the nearly one million people without access to legal aid. You may also think about settling a dispute yourself if you cannot pay for a lawyer or qualify for assistance.

Is a HELOC loan risky?

Like a credit card, HELOC’s provide a revolving line of credit, which enables you to spend as needed, pay off your balance, rinse and repeat. These loans can be risky, though, because your home used as collateral. Review and compare HELOC lenders here.

Is legal fees free?

The good news is that there is relief out there. Some legal services are provided for free for people with low income. You can also take out loans to pay for legal fees. Here’s how.

Can you borrow against your home equity?

You can borrow against the equity in your home to help you pay for a lawyer. If you choose to leverage your home, you have to options. You can receive a lump sum upfront, which is considered a home equity loan. If you don’t need or want the money upfront, you can opt for a home equity line of credit (HELOC).

What are the most common issues involved in auto financing lawsuits?

Unfair lending practices; and. Various other related issues. One of the most common issues involved in auto financing lawsuits is a dispute over the loan terms. This can include disputes over loan amounts, payment periods, interest rates, and procedures for cases where a borrower fails to pay back the required loan amounts.

Why are car loan laws important?

Car loan laws help protect against loan fraud and other problems with the borrower lender relationship. This takes place because, although auto finance deals are not as major as home or business finance transactions, they can still be sizable in amount.

What is required for auto financing lawsuits?

Like any lawsuit, an auto financing lawsuit will require a lot of paperwork and documentation to ensure accuracy. Auto financing lawsuits require support through large amounts of documentation and evidence. Fortunately, since auto financing is a highly transactional field, there will usually be a large amount of documentation of the process.

What is auto financing?

Auto financing describes the process of obtaining a financial loan to purchase a car or another type of vehicle. Some think of auto financing a vehicle as only the full purchase of a vehicle; however, auto financing also applies to the leasing of a vehicle. Auto financing is often managed through a car dealership, auto finance companies, ...

Why do people need auto financing?

Auto financing is put in place because some people cannot afford to purchase a new or used car at once or they cannot afford the initial down and monthly payments. The process of obtaining a car loan involves several steps, including: Dispersal of funds to the borrower.

Why is my auto loan denied?

If this happens it could be for many reasons. For example, it could be a problem with pre-approved financing, or it could be a mistake made by the car dealership. If you are denied an automobile loan you should be prepared and know what to do.

What evidence is needed to support a car loan claim?

The claims may include loan contracts, company or agent certification documents, receipts, and payment receipts. These can all be used to help settle disputes over the finance contract, especially those having to do with specific contract terms.

What is an individual lawyer?

Individual lawyers (also called attorneys) are experts in different areas of the law. Some attorneys specialize in a certain field of law, such as business, civil, criminal, or juvenile law. You will need to determine which type of attorney is right for your legal situation.

How long does bankruptcy stay on your credit report?

Keep in mind, Chapter 7 bankruptcy information stays on your credit report for 10 years. This can make it hard to get credit, buy a home, receive life insurance, or get a job. Learn more about bankruptcy, and other options for dealing with debt .