Foreclosure Defense Lawyer

Going through a foreclosure is an extremely stressful time in a person’s life. No one wants to or expects that they will experience a foreclosure, but sometimes circumstances get out of hand and leave you in a situation where you could be at risk of losing your home. When dealing with a foreclosure, there are a few options you can take: go on this journey alone or enlist the help of a trusted advisor. In this article, we’ll discuss when you need to consider hiring a foreclosure defense lawyer and when you do not.

What does it mean to be in foreclosure?

When you mortgage a home, you make a contract with the mortgage companies agreeing to pay a certain amount every month (your mortgage) and they agree to finance the bulk of your home payment. The house at this point technically belongs to the bank, and you are sending your monthly checks to buy the house from the bank. When, for whatever the reason, you are no longer able to meet your side of the bargain (i.e. pay your monthly mortgage) the bank has the right to take possession of your home. There is a detailed, legal procedure they need to follow, but essentially, that is what they are doing – taking back their possession of your home.

When do you need a foreclosure defense lawyer?

First, let’s discuss when you do not need a defense lawyer. If you are in a situation where the best option for you is to get out of your mortgage (knowing that a foreclosure will severely impact your credit amongst other things), then you probably do not need a lawyer. You can let the mortgage company follow its process and be out of your commitment to pay them back for your home. 

However, if you do not want to be forced out of your home, you should consider hiring a lawyer. If you are a member of the military and your home was foreclosed on while you were on active duty, if you have any questions about foreclosure law, or if you simply want to fight to stay in your home, a foreclosure defense lawyer can help you figure out the best way forward. 

A foreclosure defense lawyer will work with you to present your case. They will help you file the notice of appearance saying you want to take your case to court, answer any summons, represent you in court, and answer any questions you have about foreclosure law or your specific case. 

When dealing with cases of foreclosure and bankruptcy, it’s important to have an unbiased opinion on your side. With these types of cases – losing your home in particular – emotions tend to run high. The best way to work with the mortgage companies and the court system is to keep a clear head – and your foreclosure defense lawyer will help you do that. If you are facing foreclosure, don’t hesitate to reach out to a lawyer. They can at least help you determine if you do indeed need legal counsel or if your case is something you can do on your own.