When struggling homeowners are facing foreclosure, they typically think it’s a process they must go through all alone. It’s not. Some foreclosures are worth fighting and when they are, it’s very possible for a homeowner to stay in their home. Working with an attorney will give you a much better chance of working out an agreement with the lender that is mutually agreed upon by all parties involved.
While a foreclosure defense lawyer will work hard filing motions and appeals once a lender has foreclosed on a home, it’s much easier if they can handle the defense from the beginning of the case. Below are just some of the main reasons it’s a good idea to hire a foreclosure defense attorney when facing the possibility of losing your home.
They Know the Law
There are many different Florida laws that govern foreclosures, mortgage contracts, and the rights of borrowers. For example, if the lender is in violation of the Florida Fair Lending Act, an attorney will recognize this and use it as a foreclosure defense strategy. In addition, if the lender is violating a military member’s rights provided in the Service members Civil Relief Act (SCRA), an attorney will also point out this violation to the courts, which also provides a foreclosure defense.
Experienced foreclosure defense lawyers are extremely familiar with the law pertaining to foreclosures. They know how to defend against the process and hold lenders responsible for their unfair lending practices.
You Know You Have a Defense
Often, homeowners know they have a defense to foreclosure, but they still have a tough time arguing that defense at the many hearings involved with foreclosure proceedings. Foreclosure cases are inherently unique from each other, and each has certain nuances that can either build or destroy a case. At attorney can help prove that the lender didn’t follow proper procedure when filing their lawsuit, that the lender can’t prove it owns the loan, or that a lender or servicer made a serious mistake with the account. Proving all of these defenses requires an intricate knowledge of foreclosure law, and an attorney will have it.
Help You Stay in Your Home
The chances are that if you’re facing foreclosure, or already in the middle of a foreclosure, the bank is trying to force you to vacate your home as soon as possible. This will make the process easier for them and may even allow them to sell your home in a foreclosure sale even faster. In order to get you to leave, they may engage in unethical practices, and will certainly not make you aware of your rights.
An attorney, however, will ensure you know exactly what you are entitled to. You have a certain amount of time to leave your home, and a foreclosure defense lawyer will make sure you know what that is. They will also hold lenders accountable for any unfair treatment. Once an attorney is involved, lenders are also much less likely to attempt these unethical practices.
Help with Loan Modifications
In some instances, homeowners can often keep their home by simply modifying their loan with the lender. Under a loan modification, the structure of the mortgage payments is changed. This can include the principal, the interest rate, and your total monthly payments. Banks and lenders don’t always want to agree to a loan modification, though, and they have the right to deny your request. Too often, they do so simply because they don’t want to deal with the mortgage any longer and want to sell the property.
An attorney can present arguments that a loan modification will work in the lender’s favor, and they can also help with the restructuring of the loan, too. A foreclosure lawyer knows what the banks are looking for, and the type and amounts of modifications they will accept. When you have legal representation that can offer this first, the lender is often more willing to work with you and come to an agreement.
The Bank Is Stalling or Dual Tracking
Banks and lenders are not always honest during foreclosure proceedings. If they agree to a loan modification, they may stall the process. Worse, they may engage in a process known as dual tracking. This is when they continue on with foreclosure proceedings and still continue to accept your payments made according to the loan modification.
You must deal with these types of violations, and others, immediately. If the proceedings continue and someone purchases your home at a foreclosure auction, you will likely lose your home. An attorney can both recognize when banks and lenders are participating in these shady practices and also hold them accountable and force them to stop.
Help with Bankruptcy Proceedings
For some borrowers, filing for Chapter 13 bankruptcy can help save a home. Under this type of bankruptcy, the total debts of a borrower are restructured in a manner that makes it easier for the borrower to repay their debts. Borrowers typically have between three and five years to do this. A Chapter 13 bankruptcy can help stop the foreclosure proceedings and allow you to remain in your home, but filing for bankruptcy is not easy, either. There is a proper procedure to follow and ways to increase your chances the courts will grant you bankruptcy. A foreclosure defense attorney can help ensure that happens.
Looking for a Foreclosure Attorney in Fort Lauderdale?
Many homeowners think there is nothing they can do if their lender has already initiated foreclosure proceedings. This is simply not true. When borrowers allow a Fort Lauderdale foreclosure defense lawyer to represent them, they typically find they have so many more options than they once believed.
If you’re in foreclosure or you think your lender is about to begin proceedings, don’t wait another minute to call Loan Lawyers at (954) 523-HELP (4357). We can help you with your foreclosure case and will be right there with you from the very beginning. Give yourself the best chance of keeping your home and call us today or fill out our online form for your free consultation.
Loan Lawyers has helped over 5,000 South Florida homeowners and consumers with their debt problems, we have saved over 2,000 homes from foreclosure, eliminated more than $100,000,000 in mortgage principal and consumer debt, and have recovered over $10,000,000 on behalf of our clients due to bank, loan servicer, and debt collector violations. Contact us for a free consultation to see how we may be able to help you.