When you hire a mortgage attorney, your best interests become theirs. A mortgage attorney will be able to identify ambiguous wording and potential pitfalls in your offers and paperwork. They can also provide clear, legal terms with which you can get out of the transaction should a problem arise.
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Oct 10, 2017 · A mortgage attorney is a lawyer trained in real-estate transactions. They are able to deal with the minutia of the legalities surrounding the purchase or sale of a home. Having a mortgage attorney can help you avoid pitfalls which can cost a substantial amount of money or result in a transaction falling through.
Aug 09, 2019 · It’s also your lawyer’s job to ensure that any outstanding mortgages are paid out using the money included in the new mortgage and then discharged from the title to your property. Have questions about what to expect during mortgage signing time with your lawyer, or your mortgage in general? Answers are just a call or email away!
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...
Below are some situations where you should consider hiring, or at least consulting with, an attorney.
The following are a few situations where you probably don’t need to hire an attorney to assist with the modification process.
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.
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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.
For example, under federal law, the servicer generally can't start a foreclosure until you're more than 120 days delinquent on the loan. This period before foreclosure starts is supposed to provide you with sufficient opportunity to seek an alternative to foreclosure, like a modification. So long as you send in a complete application, the servicer also can't start the foreclosure while your application is pending. If your servicer starts the foreclosure early in violation of the law, an attorney can help stop it.
For example, under federal law, the servicer generally can't start a foreclosure until you're more than 120 days delinquent on the loan.
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.
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.
Homeowners may consider refinancing a mortgage loan for a variety of reasons – from obtaining lower interest rates to adjusting the duration of the loan. As with many legal and financial transactions, refinancing a mortgage can be a daunting task. While not required, it’s important ...
Predatory lending refers to lenders who target people with dishonest tactics like charging hidden fees and providing misleading information about loan terms. These schemes may appear to be favorable and affordable, but they are deceptive and can trap the borrower in a cycle of debt.
An attorney can help you examine lender offers to determine whether or not the costs, fees, and terms are legitimate. 2. Protect Your Interests. When refinancing your mortgage, it’s imperative to have someone looking out for you and your best interests.
Refinancing your mortgage involves many different parts and it can be a complicated legal transaction . An attorney can help you simplify the process and ensure it runs smoothly. In addition, they can provide peace of mind by reviewing your documents and guiding you on what steps to take next.
If you are the victim of mortgage fraud, are looking for a loan modification, are facing foreclosure, or are having any other mortgage related problems than it is important that you seek out a very aggressive and experienced attorney who has a track record for settling these types of cases and ensuring that their clients get a fair deal.
One of the most common reasons individuals will need a mortgage lawyer is unfortunately mortgage fraud, and its not just shifty land owners who do this, banks, lenders, and mortgage companies have all been guilty in recent years, and on a massive scale. Fortunately new and existing laws can help home owners get back any money they have lost.
Here are a few reasons you might need or want an attorney to be part of your home buying team: State or lender requirement: Every state has slightly different laws regarding real estate transactions, and some states consider certain actions that are part of the process to be “practicing law.”. These regulations are often meant to prevent real ...
Fixed hourly rate: A real estate attorney who charges an hourly rate may charge $150 – $350 per hour, but this can vary a lot depending on how experienced the attorney is and what area you’re in.
A real estate attorney is someone who is licensed to practice real estate law, meaning they have the knowledge and experience to advise parties involved in a real estate transaction, such as a home sale.
Use an online legal review site: There are many online review websites that will give you information on attorneys in your area, including their specialties, fee structures and any reviews left by former clients.
Utilize your state’s Bar association directory: Your state Bar association’s website can help you locate lawyers in your area who practice real estate law. Use the American Bar Association’s directory to help you find your state’s website.
When a person is ready to buy or sell real property, a real estate attorney can represent the buyer or the seller but not both. Representing both is not allowed because it could lead to a conflict of interest.
If your mortgage lender requires an attorney to be present at closing, whether the buyer or seller covers the cost of the closing attorney will depend on how your contract was negotiated. If you want your own attorney in addition to the one required by your lender, you’ll also pay for any services they provide you.
Evaluate your loan history and payments to determine if the lender has committed fraud by miscalculating the mortgage payments.
We often find that foreclosure fraud occurs when lenders violate the law by creating unconscionable loan terms. Mortgage litigation empowers the homeowner to take the lender to court. The homeowner can no longer be ignored or strung along until the lender decides to foreclose.
If you believe that you are a victim of mortgage fraud, you should immediately call our office and speak with our experienced mortgage fraud lawyer to determine your best options to fight foreclosure. During the consultation, our mortgage fraud attorneys will review the following:
You fell behind on mortgage payments and your lender is giving you misleading information about your options to save your home. You have applied for a loan modification and your lender is sending you foreclosure notices at the same time. Your lender lied to you about stopping foreclosure while you were being reviewed for a modification.
Predatory mortgage lending occurs during the origination of the loan. Predatory lending examples are loans with high-interest rates, negative amortization loan structures where the principal balance remains high despite payments made towards it, and loans given to the elderly or foreign speakers who do not understand the terms of the loan. Many more predatory lending examples exist and our mortgage attorney is your best resource for identifying a predatory loan.
Estoppel – telling you that your modification was denied after a long wait.
Dual tracking – moving forward with foreclosure while simultaneously offering to modify the loan.
Furthermore, attorneys can secure proof that judgments or liens have been resolved. That is important if you ever plan to obtain a mortgage or loan against the property.
The title search is essential because it reveals whether the seller has the legal right to sell the property.
Attorneys make sure all paperwork is properly drawn up and filed with the authorities. Attorneys do title searches and can negotiate should a search uncover a problem. Ideally, buyers and sellers in a real estate deal should be represented by lawyers to safeguard their rights and watch their interests.
Having legal counsel makes good business sense because of the complexities that come with real estate transactions. Experienced real estate attorneys can help to protect your interests. They ensure that your transaction adheres to the applicable rules of your state and municipality.
In many states, the buyer and the seller have three days to review a real estate contract before it becomes legally binding. Some buyers and sellers aren't aware of this. A lawyer will make the client aware of it, review the contract for legal glitches, make necessary changes, and insert useful contingencies .
If a deed is not transferred correctly, it could lead to income or estate taxes for buyers and sellers.
An attorney understands these different types of business arrangements and their legal boundaries within your state's law. The attorney will ensure that the contract is consistent with the law and the partnership's, trust's, or corporation's charter agreements.
Some lenders pay mortgage brokers based on their own accounting schedules, which can be up to 30 days after the closing of the loan. The majority of brokers don’t cost borrowers anything up front and they are generally risk-free.
Mortgage brokers are paid either by the lender or by you. If the fee is covered by the lender, you need to be concerned whether you might be steered to a more expensive loan because the commission to the broker is more lucrative. If you pay the fee, figure it into the mortgage costs before deciding how good a deal you are getting. And be sure to settle all fee issues upfront before you sign anything or start working with a broker.
Several different types of fees can be involved in taking on a new mortgage or working with a new lender, including origination fees, application fees, and appraisal fees. In some cases, mortgage brokers may be able to get lenders to waive some or all of these fees, which can save you hundreds to thousands of dollars.
Many individuals prefer to work with a broker regardless of their situation because it gets them access to lenders they wouldn’t think to look for. Mortgage brokers may also be able to help them qualify for a lower interest rate than most of the commercial loans that are available.
This means that the broker believes that the offer will embody the final terms of the deal, but this is not always the case.
Working with a mortgage broker can save you time and fees.
An easy way to quickly get a sense of the average rates available for the type of mortgage you're applying for is to search rates online, then use a mortgage calculator. Tools like this will let you compare rates easily and provide you with extra knowledge when assessing a mortgage broker's credibility.