what type of lawyer to handle unlawful foreclosure

How to find a good foreclosure attorney?

Stop the Eviction. If you are a victim of a wrongful foreclosure, you need a foreclosure attorney that can help you stop the eviction. Our wrongful foreclosure attorneys will work with you to develop a plan to keep you in the home for good, and to sue the bank for illegal procedures. Call us today for a free legal consultation to get started.

How expensive is a foreclosure attorney?

Oct 24, 2016 · by Consumer Action Law Group. Homeowners can hire a wrongful foreclosure attorney to take legal action to immediately stop wrongful foreclosure. Call 818-254-8413 for Illegal Foreclosure Help! After 2008, the mortgage and housing industry was in distress in California for many years and there were no strong laws in California to stop wrongful …

What to ask a foreclosure lawyer?

We have almost a century of specialized experience in the field of consumer and wrongful foreclosures ready to work for you. Call 404-348-4881 or email info@hmhwlaw.com to set up your consultation today. Whether you are a lender or a borrower, Hecht Walker, P.C. will handle all of your legal matters and steer you to calmer waters.

Do you need a lawyer for a foreclosure?

Your foreclosure attorney is well suited to conduct negotiations with the bank on your behalf. They may be able to secure an agreement that is suitable for all the involved parties. What does a foreclosure do to your credit rating?

Can a bank sue for deficiency after foreclosure?

If a foreclosure is nonjudicial, the foreclosing bank must file a lawsuit following the foreclosure to get a deficiency judgment. On the other hand, in a judicial foreclosure, most states allow the bank to seek a deficiency judgment as part of the underlying foreclosure lawsuit; a few states require a separate lawsuit.

How do I prove wrongful foreclosure in Texas?

How to Prove a Wrongful Foreclosure LawsuitThe lender owed the borrower a legal duty;That this duty was breached unjustly by the lender;That this breach resulted in injury or damages to the borrower; and.A description of these damages (i.e. property, credit rating, or emotional damage).

What is wrongful foreclosure California?

Wrongful Foreclosure cases are fact-specific and may be based on the lack of standing to foreclose due to a void assignment of the deed of trust, mistakes on the recorded documents attributable to fraud or negligence, or statutory violations pursuant to new foreclosure statutes put in place after the first mortgage ...

How do you fight a foreclosure in NY?

How Can I Stop a Foreclosure in New York? A few potential ways to stop a foreclosure include reinstating the loan, redeeming the property before the sale, or filing for bankruptcy. (Of course, if you're able to work out a loss mitigation option, like a loan modification, that will also stop a foreclosure.)

Which type of foreclosure does not require the action of the court?

In a nonjudicial foreclosure, the lender (or subsequent loan owner, called an "investor") doesn't have to go to court to foreclose your home.

What is one way that a borrower can challenge a non judicial foreclosure?

Battle between lenders and delinquent borrowers Getting a temporary (about 10 days) restraining order. Obtaining a preliminary injunction, which usually lasts until the case is decided. Receiving a permanent injunction with a favorable court ruling.Oct 14, 2011

How do you fight a foreclosure in California?

How Can I Stop a Foreclosure in California? A few potential ways to stop a foreclosure include reinstating the loan, redeeming the property before the sale, or filing for bankruptcy. (Of course, if you're able to work out a loss mitigation option, like a loan modification, that will also stop a foreclosure.)

Is there a statute of limitations on foreclosure in NY?

Currently, a lender operating in New York has six years to initiate a foreclosure action, but if the action is dismissed for any reason, a lender can de-accelerate a loan and then reinitiate a foreclosure action.Mar 25, 2022

How long is foreclosure process in NY?

about 445 daysThe real estate foreclosure process in New York currently takes about 445 days (15 months) from the date of the first missed payment to the sale of the home. Following an unfavorable ruling and a foreclosure sale, the borrower will, in most cases, need to vacate the foreclosed property within 30 -120 days.Jan 9, 2019

What is preventing foreclosure?

Another finance option is debt consolidation. Reducing or consolidating all your debts is a good way to simplify your personal finances. When matched to your financial situation, debt consolidation could help you meet all your loan repayments and ultimately avoid home foreclosure.Feb 9, 2016

What are the causes of wrongful foreclosure?

For instance, many times misapplied payments, errors in interest charges, improper fees, and lack of standing can be grounds for a wrongful foreclosure. Fatal errors related to the transfer of loans can sometimes prevent a creditor from foreclosing ...

What are the emotions of foreclosure?

The thought of losing your home can give rise to a slew of emotions, including anger, confusion, and depression. The havoc that is wreaked by the foreclosure of a home is not something that is easily shaken.

How long does it take to get a foreclosure case dismissed?

Wrongful foreclosure litigation can take up to six months, or even longer, depending on the individual circumstances surrounding a case.

How long does it take to foreclose on a mortgage?

Then, the holder of the mortgage must send the borrower a thirty-day written notice of his intent to foreclose.

Can a lender execute a deficiency judgement against a borrower?

The lender reserve s the right to execute a deficiency judgement against the borrower if necessary. If the foreclosure was completed in good faith, and the sale of the property at foreclosure did not satisfy the promissory note signed by the original borrower, then the lender can seek a deficiency judgement in a court of law.

What is wrongful foreclosure?

The definition of wrongful foreclosure is when a home is foreclosed on through the use improper methods. Foreclosing lenders wield inappropriate, unethical and intimidating methods in pursuit to take away the right to redeem a mortgage.

What to do if you can't sell your house?

If you do not wish to sell your house, or cannot for any reason, your next best recourse is negotiation. Your foreclosure attorney is well suited to conduct negotiations with the bank on your behalf. They may be able to secure an agreement that is suitable for all the involved parties.

What to do if your home is stolen?

If your home was stolen by the banks (or you are in the process of losing it) you may have legal options to stop the process! Homeowner's who feel they have been wrongly foreclosed should share what happened with a wrongful foreclosure attorney who may be able to help before it's too late. Studies done by the Federal Government found ...

How many times can you get punitive damages in a foreclosure?

Important: Punitive damages awarded are capped by the Federal Government at 9 times (9x) of the actual damages proven at trial. For example, if an experienced attorney can prove $150,000 in damages the award would be $1,350,000.

Can military personnel be foreclosed?

Foreclosure on military personnel who are protected by federal law from foreclosure. Federal Laws are in place for your family's protection, but the laws offering civil redress have a Statute of Limitations. Victims of the illegal foreclosure practices above should contact a wrongful foreclosure attorney right away.

What is the duty of good faith in a deed of trust in Washington?

The Washington state deed of trust act states that “The trustee has a duty of good faith to the borrower, beneficiary, and grantor .” Further, the WA supreme court has stated “Trustee’s have obligations to all the parties to the deed, including the homeowner: Bain v. Metropolitan Mortgage Group (2012).

Can a consumer bring a lawsuit against a business?

In order to protect themselves from unfair and deceptive practices, consumers are allowed to bring private suits against individuals and businesses that engage in unfair or deceptive business practices . The consumer may recover actual damages, treble damages ($25,000 maximum in most cases), and attorney’s fees. Two types of actions may be brought under the law: 1) By the Attorney General or 2) By a consumer (under more stringent requirements).

What is a real estate lawyer?

Real estate lawyers provide legal guidance for individuals or companies seeking to buy or sell a property. They work with their clients and the real estate agents to draft documents and ensure that the paperwork is legally binding. They may also negotiate for the buyer or seller, or represent a property owner during a foreclosure dispute.

What is a criminal defense lawyer?

Last but not least, a criminal defense lawyer is skilled in handling all stages of a criminal lawsuit. They provide valuable counsel to their clients from the time they are arrested, through the investigation, charging, arraignment and sentencing. Their work isn't quite done if their clients wish to appeal their case. A good criminal defense attorney knows how to navigate the nuances of the law, which allows them to keep their clients out of prison.

What is a family lawyer?

Family Lawyers. These are lawyers who handle all kinds of domestic cases, such as divorce, legal separation, child custody, adoption, paternity, alimony, prenuptial or postnuptial agreements, and emancipation. But family attorneys may also handle reproductive rights cases, and their work may intersect with other areas of the law.

What do lawyers do?

Different types of lawyers specialize in different areas of law. Some lawyers mostly do the work outside of the courtroom, such as drafting contracts and wills, preparing documents to comply with a process, negotiating deals, and advising clients on a legal problem. There are also lawyers who present cases in court or litigations ...

Why do we need malpractice lawyers?

Since these are professions that ascribe to a set of standards , they have greater professional responsibilities that may be challenged in the courtroom or in litigation.

What kind of lawyer handles reproductive rights?

But family attorneys may also handle reproductive rights cases, and their work may intersect with other areas of the law. For instance, if there’s a criminal investigation of child abuse or a domestic violence case, or if there’s a juvenile delinquency case, a family lawyer may also work with a criminal lawyer. 3. Estate Planning Lawyers.

What do IP lawyers need to know?

They need to have expert knowledge in both business and innovation trends. IP lawyers may also negotiate settlements on behalf of the creator or inventor if someone has infringed on their work, such as in cases where branded goods are faked and sold for a lower price in the market.

What is a litigation attorney?

A litigation attorney with experience in business law and transnational law. There may not be an exact pigeon whole for this type of attorney for this specific type of case.

Do you want a criminal attorney if you are suing a bank?

I wholeheartedly second the comments of my colleague Mark Tischhauser.#N#First, if you are suing a bank, you do not want a criminal attorney and you probably do not want a foreclosure attorney. Instead, you want a commercial litigation attorney who has experience litigating against banks.

When to use a real estate attorney?

Simply put, the most common scenario to use a real estate attorney is when you buy or sell real estate. Cloud-based real estate law software assists attorneys by facilitating collaborative document management and project tracking in a seamless and secure environment.

What is a criminal lawyer?

Criminal lawyers are attorneys who defend individuals and organizations against government charges in federal and state courts. Criminal lawyers understand the rules around arrest, arraignment, bail, pleas, proof, and related issues. Some of the most common crimes requiring criminal lawyers include homicide, sexual battery and assault.

What are the types of employment law cases?

Some of the most common types of cases handled by employment lawyers are contracts, wrongful termination, workplace harassment, retaliation, and workplace discrimination.

What is a workers compensation lawyer?

Workers’ compensation lawyers specialize in helping workers navigate the unique laws that apply to people who have been injured on the job. A workers’ compensation lawyer typically has a large number of cases to manage, each with its own deadlines, so look for a firm using a modern cloud-based law firm management system. The Department of Labor administers four major disability compensation programs.

What is IP attorney?

Intellectual property attorneys (“IP attorneys”) help companies, artists, and inventors with legal issues concerning copyrights, trademarks, patents, trade secrets and the like. IP attorneys spend a lot of time working with clients to help them avoid infringing upon the rights of others and making sure that their intellectual property is properly protected under the law.

What does an immigration lawyer do?

Immigration lawyers help immigrants, and employers seeking to hire them, with legal issues related to the status of immigrants and their families. Immigration lawyers help with visas, green cards, citizenship, and asylum and refugee status. Immigration laws change constantly, so it’s important to consult an experienced attorney in these situations.

What is a civil litigator?

The general term “civil litigator” refers to an attorney who represents clients in civil (not criminal) court, either as plaintiff or defendant. The most common kinds of civil litigation involve contract ...