Real Estate Lawyer
Those who are considering hiring an attorney to assist in avoiding foreclosure, may wonder what a legal professional can do exactly to help you keep your home. It can be difficult to fight off such an action without guidance from an attorney. They understand that this may not only be a major headache, but cause an insurmountable amount of pressure and worry about where you may have to move. With representation from an attorney, hopefully you will not have to start searching for somewhere else to live. In the article here, we have provided information about how an attorney can be of aid during this time.
File a Notice of Appearance (NOA)
If you hire an attorney, they can help you complete a notice of appearance (NOA) to the courts and your bank. By filing this, your attorney can obtain important information related to your case without you having to be the intermediary. In this way, you do not have to exude extra energy in passing along details to your attorney, as they are granted access to your information directly.
Answering Your Summons
After being served with a summons and complaint, you become the defendant and your bank the plaintiff. You do have the right to respond, by answering the notice and stating that you want to fight the lawsuit in order to prevent having to vacate your home. An attorney can look over the notice to see if there are any potential errors that you had not noticed. An attorney can then begin to defend you from foreclosure.
Resolution at Settlement Conference
Some states have a mandatory settlement conference, which applies for properties in which the owner is the occupant. The homeowner and a representative of the bank meet to hopefully arrive at a resolution to avoid foreclosure. By hiring an attorney, you have someone who can attend these conferences, represent you, and advocate for your behalf. Those who do not obtain legal representation may have to take time away from work in order to attend such conferences. Homeowners who face such a battle alone may be outmatched by the bank’s appointed attorney.
The Benefit of Foreclosure Defense Strategies
Without a legal professional, the average person probably does not know what strategies can be used as a foreclosure defense. An attorney who is familiar with such cases may argue that the plaintiff has a weak claim due to a false mortgage assignment or unfair lending procedure. An attorney can meet with you to devise a strategy that may work the best in your favor, depending on the circumstances.
If you are currently trying to fight off a foreclosure, please call a real estate lawyer Newport Beach, CA offers right away so they can get started safeguarding your rights and future.
Thank you to our friends and contributors at Terry Mudge, LLP for their insight into real estate law and how an attorney can help you fight foreclosure.