who is the lawyer in foreclosure

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How to find a good foreclosure attorney?

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How expensive is a foreclosure attorney?

Unlike real-estate agents that may agree to be compensated based on a percentage of the final price when the case is closed, a foreclosure attorney, well, at least 90% of them, charge upfront. The price is somewhere between $1500 and $5000, but this will mostly depend on the complexity of the case.

What to ask a foreclosure lawyer?

Ask if the lawyer has actually been in court. If the lawyer has actually sued a mortgage company or merely has thought about suing a mortgage company. Has the lawyer ever defended an Alabama consumer against an ejectment or eviction action after the foreclosure sale of their home. You get the idea – get a feel for what the lawyer has experienced.

Do you need a lawyer for a foreclosure?

You do not need to hire a lawyer who handles only foreclosure defense, although some do, but it should form a meaningful part of their practice. When is the best time to hire a foreclosure attorney? When you’re facing a foreclosure and want to keep your house, it’s best to hire an attorney as soon possible.

What is justia lawyer?

The Justia Lawyer Directory is designed to simplify the process of researching, comparing, and contacting attorneys in your city, county, or state who fit your legal needs. Start exploring our listings of foreclosure defense lawyers near you today.

Do foreclosure attorneys charge monthly fees?

Sometimes an attorney might charge a monthly rate. Since a homeowner facing foreclosure is typically suffering from financial distress, some attorneys may offer flexible payment plans. In many cases, a client will need to pay a retainer fee, which is an upfront payment.

What is foreclosure in real estate?

A foreclosure is forced sale of home or property by a financial institution such as a bank or mortgage company. Unless you paid for your property in full (cash) at the time of purchase, most property owners use a 3rd party to provide the additional funds to complete the sale. As a result, the owner is obligated to repay ...

What is foreclosure process?

The foreclosure process is a lawsuit brought by the bank or lender to force the sale of property to satisfy the outstanding debt. In most instances, the court will order a sale of the property after deciding the actual balance due on the mortgage (this includes accrued interest). The proceeds of the sale of your property will then apply to ...

How long does a pre foreclosure take?

The homeowner has 30 days to make the payments on the debt owed or the foreclosure process will be initiated.

What happens when a property owner fails to pay the mortgage?

When a property owner fails to make payments as part of the loan agreement for their mortgage, the bank or other lien holder may begin foreclosure proceedings to take possession of the property to satisfy the debt owed to them.

Can a lender purchase a property and sell it independently?

The lender issuing the default can also purchase the property and sell it independently in a private sale. At this time, the homeowner must vacate the property or an unlawful detainer will be filed to evict the homeowner if he or she is still living on the property after the sale.

Can you still owe the bank for a foreclosure?

If the value of your property is less than the outstanding debt, you may still owe the lending institution for the remainder, depending on the terms of the original loan. As the owner, you have the right to pay the bank off before the foreclosure sale in order to keep your property. If you think you may default on your mortgage and fear ...

Can an attorney defend you in foreclosure?

An attorney will not only defend you in the foreclosure proceeding, but will also work with your lender to figure out alternatives which may help you remain in your home. You should speak with an attorney regarding your foreclosure situation in order to determine your possible courses of action.

Deal With the Foreclosure on Your Own

Depending on what your goals are, dealing with a foreclosure on your own may be a reasonable option. If you don’t want to fight the foreclosure and are willing to let your lender proceed, then you probably don’t need to hire an attorney.

Consult With a Lawyer

If you can’t afford to hire a lawyer for your foreclosure, you can often consult with one to get some free legal advice. Some foreclosure defense lawyers offer a free consultation. During this meeting, you can explain your situation and get a rough idea of your legal and financial options.

Get Help From a Legal Aid Office

If you meet certain eligibility criteria you could have an attorney from a legal aid office represent you for free. Legal aid offices provide legal assistance to those who can’t afford to pay for an attorney or are otherwise disadvantaged. To find a legal aid office in your area, check out the Legal Services Corporation.

Get Help From Volunteer Attorney Programs

If you don’t qualify for help from a legal aid office or they don’t have the resources to help you, you can try to find an attorney who will take your case for free. Lawyers are strongly encouraged to volunteer some of their time providing free legal services to those in need.

What can a foreclosure lawyer do?

A foreclosure lawyer can help you formulate your arguments, navigate the rules of the court, and submit the appropriate paperwork. It's unlikely that a homeowner could mount a successful defense to foreclosure without an attorney.

What happens if you don't have a valid defense to foreclosure?

If you don't have a valid defense to the foreclosure—say you stopped making your payments, have no intention of resuming them, and think the servicer has treated you fairly —then there's probably no reason to hire or consult with an attorney.

What is the SCRA for foreclosure?

Active military servicemembers have special protections against foreclosure, as well as certain rights, under the Servicemembers Civil Relief Act (SCRA). The SCRA is extensive and complex. If you're a military servicemember, an attorney can inform you about all of your rights under the SCRA and help ensure that the servicer complies with this law.

What to do if you can't afford a lawyer?

If you can't afford to hire a lawyer to represent you throughout the entire process, consider scheduling a consultation with one to help you decide what to do, as well as to explain to your legal rights and responsibilities. If you can't afford even one consultation with an attorney, a legal aid office might be able to help you for free if you meet certain criteria.

Do you need an attorney to defend against foreclosure?

You Have a Defense and Want to Keep Your Home. If you think you have a defense to the foreclosure, and you want to keep your home, you'll likely need a skilled attorney to help. Some defenses that probably require the aid of an attorney include the following: The servicer didn't follow proper foreclosure procedures.

Can a foreclosing party prove it owns a loan?

The foreclosing party can't prove it owns your loan (that it has "standing" to foreclose). The servicer made a serious error with your account. Each foreclosure defense is different and every situation has complicated nuances that can ultimately make or break the case. And, you'll have to raise your defense in court.

Is it a good idea to learn the foreclosure process?

It's a good idea to learn each step in the foreclosure process in your state. That way, you won't be caught off guard at any point. If you've done your homework on the topic, but still have questions, an attorney is an excellent resource.

What can a foreclosure lawyer do for you?

A foreclosure attorney can figure out how to keep your home or, if that is not an option, how to make money off its sale. A lawyer will defend you against foreclosure, negotiating with your creditors and helping you find alternatives, such as a short sale, so that you receive the most money back.

What happens if you fail to pay off a mortgage?

If you fail to make the payments, the bank can start a foreclosure action, which enables them to sell your home to pay off the loan. Foreclosure laws are very detailed and strict about the process the bank must follow.

Why do you need an attorney for foreclosure?

A lawyer can, for instance, help you work out a deal with the lender that will allow you to stay in the home, or, if necessary, fight the foreclosure in court.

How can an attorney help a lender avoid foreclosure?

An Attorney Can Work With Your Lender to Avoid Foreclosure. If given enough time, a lawyer might be able to work out a deal with the bank to avoid foreclosure. Here are examples of ways an attorney can help that don’t involve going to court. Help you modify your loan.

What happens if a lender fails to follow proper foreclosure procedures?

the lender failed to follow proper foreclosure procedures under state law. If your attorney raises a legitimate defense and the court agrees with the argument, the lender might consider a settlement or the court might dismiss the foreclosure.

What defenses can a lawyer raise in court?

Defenses a Lawyer Can Raise in Court. An attorney might be able to raise certain defenses or point out errors that the bank made in the foreclosure process. Potential arguments include: the lender or mortgage servicer (on behalf of the lender) breached the loan contract, like by failing to accept your payment.

What is foreclosure mediation?

Some states offer foreclosure mediation, where the homeowner and the lender come together to try to work out an alternative to foreclosure. An attorney can represent you in the negotiation process to ensure that the bank treats you fairly.

How can a lawyer help you avoid foreclosure?

For example, a lawyer can help you avoid foreclosure altogether by working out a “loss mitigation” option (like a loan modification), represent you during the foreclosure action, or help you save your home in a Chapter 13 bankruptcy.

What is a breach letter for foreclosure?

Before officially starting a foreclosure, the lender usually must, under the terms of the mortgage contract, mail you a letter ( called a "breach letter") putting you on notice of its intention to begin foreclosure proceedings if you don't get current on the loan.

How do foreclosure defense attorneys work?

Most foreclosure defense attorneys structure their fee agreements with homeowners in one of three ways: by charging the homeowner an hourly rate. collecting a flat fee from the homeowner, or.

How much does a foreclosure lawyer charge?

Some attorneys charge a flat fee to represent homeowners in a foreclosure. Generally speaking, the fee can range from $1,500 to $4,000, depending on the case's complexity.

Why do you pay a lawyer monthly?

The benefit of paying a monthly fee is that you know what your attorney will cost each month without variation. Also, the attorney has an incentive to keep you in the property for as long as possible (if that's your goal). The downside is that you must pay this amount each month, even if little activity takes place in your case during that time.

How long does it take to dismiss a foreclosure?

Whether it takes five months or two years to dismiss the foreclosure—or for the lender to complete the process—you know that this is all you'll pay.

Do you pay an attorney for foreclosure?

The benefit to this type of fee arrangement is you'll only pay the attorney for the amount of time actually worked on your case. The downside is that while the attorney will probably be able to give you a likely range of what you'll pay in total, you won't get an exact price as far as what the total cost of the foreclosure defense will be—and hourly fees can add up quickly.

Do foreclosure attorneys charge reasonable fees?

In some cases, the fees that attorneys charge for services related to foreclosure aren't reasonable. So you need to be careful and do your research when hiring an attorney to fight your foreclosure.