Hiring an expert foreclosure defense attorney early in the foreclosure case gives you more possibility to win. However, while seeking professional advice, make sure to know the benefits to expect.
The last thing you like to do is fight a foreclosure case in court without knowing all the options. But, unfortunately, mortgage problems are highly complicated and stressful, which are challenging to understand.
The guidance from an experienced attorney can be really beneficial for your case. Undeniably, an expert and qualified attorney can surely help you to save your home. The following are the legal matters where a foreclosure defense attorney can help you:
Provide You with Options
A foreclosure defense attorney knows about the legal cases better than you. So, when you take advice from an expert, their experience and guidance will help you avoid difficulties. In addition, hiring them will maximize your chances of protecting your residence on time.
It depends on your case situation, whether you want to avoid foreclosure via loss mitigation or not. You can also file for bankruptcy, modify your loan, or let your foreclosure attorney represent you in court.
The expert foreclosure attorney will guide you about the pros and cons of each option.
Filing a Notice of Appearance
Your foreclosure defense attorney is responsible for filing a Notice of Appearance on your behalf. He/She will file the Notice of Appearance in your local court as well as in the bank administering your loans.
It also allows your foreclosure defense attorney to speak about issues on your behalf. Once your defense attorney files the Notice of Appearance, your bank will send all the case-related documents to your attorney.
Ultimately, you need not deal with the bank after this step.
Help You Get a Loan Modification
Through loan modification, a foreclosure attorney will try to adjust the terms of your loan. It will help you to afford to make timely payments. The bank reviews several details about your income before making its decision.
In this case, an experienced foreclosure attorney can help you present your information in the best light. It results in getting a new loan approved that you can afford.
Responding to Summons and Complaints
When your bank or lender files an order to foreclose on your residence, you will receive a Summons and Complaint. It means that you directly become a defendant in a lawsuit with your lender.
It is up to you that you want to fight the case and defend to protect your residence. Then, you have to respond to the Summons and complaints, mentioning what you want to do within a certain amount of time.
Your foreclosure defense attorney has to answer the Summons and Complaint and begin defending your residence from foreclosure. An expert attorney will help you to see possible blunders within the complaint.
Raise Defenses in Court
If your lender made mistakes while foreclosing your home, the defense attorney can identify and fire them back. For example, the bank may have breached your contract or violated some foreclosure laws. In those cases, you may unknowingly suffer from unfair lending practices.
There are different strategies and tactics an expert can use to postpone your home foreclosure. And if the court approves your defense attorney’s argument, you will receive the settlement option, or you can even have your case dismissed entirely.
Your home has lots of precious memories as well as financial value. So, you do not have to face all problems and fight all battles alone. The foreclosure defense attorney can help you solve your case and take the best course of action.