Do I Need a Foreclosure Attorney?

If you are going through a foreclosure and considering hiring an attorney, you are not alone. Foreclosure is the process that takes place once a homeowner becomes delinquent on their mortgage payments. The homeowner will be forced to leave their home. The mortgage company will then try to auction off or re-sell the home. A foreclosure attorney can assist you in handling all of the legal aspects of your case. Read on to learn whether you can benefit from a foreclosure attorney.

When You Should Hire a Foreclosure Attorney

A Vero Beach foreclosures lawyer can help you if you are at least 120 days late on your mortgage payments. Lenders typically wait 120 days depending on the laws in your state. The lender will either file a nonjudicial foreclosure or a judicial foreclosure. A judicial foreclosure means that you must respond to the lawsuit via court. With nonjudicial foreclosures, a judge’s approval is not needed. But you must file the lawsuit on your own in order for the court to consider it. However, with either, you should consider hiring an attorney.

Here are some valid reasons why you should consider hiring a foreclosure attorney:

  • You have a justifiable defense. Foreclosure attorneys can help you figure out whether the mortgage lender followed the necessary legal processes, or whether any errors have been made with your account. Your attorney will determine if the lender has the right to foreclose your home. If your attorney is able to find a justifiable issue with your case, it could turn the tables in your favor.
  • You have limited legal options, but you want to keep your home. An attorney can help you by undergoing negotiations with your lender on your behalf. It is best to seek legal help as soon as possible.
  • You are a veteran. If you’ve served in the military, you can meet with an attorney to talk about protection against foreclosure that falls under the Servicemembers Civil Relief Act.
  • You are dealing with pandemic-related issues. Foreclosure laws are updated on an ongoing basis at the local and federal levels. Depending on your mortgage terms, and the state in which you reside, you may be eligible for a temporary foreclosure moratorium. This will protect you from losing your home on a temporary basis. Additionally, you may have the legal right to ask for forbearance. Forbearance means that the lender will pause your payments. Additionally, relief options will also be available for you. Your attorney will know the best options for you.

Finding a Foreclosure Attorney

One of the best places to begin to find a foreclosure attorney is through your HUD counselor. A HUD counselor will provide you with information pertaining to your state. They will also put together a list of recommendations for attorneys. You can then reference your state’s website for further information. You will be able to find links to various foreclosure attorneys and help in your area.

Additionally, your local courthouse can provide you with resources over the phone or online.

Once you have found a lawyer, you should schedule a consultation. Discuss your expectations from the beginning. Ensure that all of your most important questions are answered.

Final Word

When faced with foreclosure, you must know that it’s not the end of the world. With patience, you can handle the aftermath following foreclosure and even put together a better financial future for yourself. If you are concerned about any upcoming mortgage payments, or if you’ve already received notice of foreclosure, it is time to speak with a foreclosure attorney.

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