Facing foreclosure is never a pleasant occurrence. If you have a valid defense to it, you probably want to fight it in court. In most cases, going through it by yourself isn’t the best idea. Having a specialized attorney by your side can completely change the outcome of the entire ordeal while providing you with many other benefits, which only experienced real estate lawyers can deliver.
In this article, we’ll go over the major signs you might need some legal assistance for your foreclosure case.
So, without any further ado, let’s get to the bottom of it!
1. You want to keep your home
If you feel like you have a legitimate defense to your foreclosure, and your main goal is to preserve the ownership of your home, hiring or at least consulting with a real estate lawyer is of the utmost importance. Foreclosure laws and regulations can be quite complex, and they’re always evolving. So, chances you’ll be able to build a convincing case by yourself are substantially low. No matter how good you think your arguments are if they’re not holding up in court, you’ll end up losing your home. That is a risk that’s simply not worth taking.
The only way to prevent this from happening is to have a legal professional by your side at all times. Keep in mind that foreclosure court hearings aren’t just about showing up with a valid argument. Your attorney can help you collect appropriate evidence, fill out the legal documentation and devise a plan that will be effective in a court setting.
2. You find the laws confusing
While yes, you can Google some of your dilemmas and find some quick answers, in most cases, this won’t be nearly enough for you to win your claim. Setting up a good defense in court takes a deeper understanding and knowledge of the law that can only be acquired through many years of studying and experience.
You can’t expect to win the battle if you’re not aware of your rights and obligations in the legal sense of the word. Therefore, hiring an attorney is your best chance to fight the foreclosure successfully and keep ownership of your home.
Overall, if you can’t make sense of the legal procedures that go on during the foreclosure process, your best bet is consulting with an experienced legal professional. Of course, if you don’t want to keep your home or if you can’t afford it, but you just want to live in it for free until the foreclosure is finalized, hiring professional legal services would be a waste of money.
3. You want to stay in your home but the bank or the servicer changed the locks
Sometimes, the bank or the servicer will change the locks to your home on the basis of “property perseverance”. However, you have a legal right to stay in your home until it’s assigned a new owner at the foreclosure sale or auction. The length of your stay after the home is sold will mostly depend on the in-state laws, which can be quite complex. So, if this scenario occurs, your best course of action is consulting a specialized attorney.
Experienced lawyers will be able to help you use your legal rights to their full extent. So, put some time into researching the best attorneys in your local area. Remember that not every law company is worth your time and money. Look at their online reviews and ratings, and try getting some referrals from your friends and family who’ve gone through a similar situation.
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4. You’re in the military
If you’re in the military but facing foreclosure, it’s time to hire an attorney. Active military service members have special protections against foreclosure under the Servicemembers Civil Relief Act (SCRA). The SCRA might also provide you with some special rights you can use to make the entire process a bit easier. Still, all of these special laws and regulations aren’t very simple. If you’re not sure whether you’re eligible for protection under this legal act, your attorney can help you learn more and potentially use it to your advantage.
Again, don’t forget to choose a specialized attorney who has dealt with similar cases before. If you’re not able to afford one at the moment, we suggest you take a look to see whether you’re eligible for some pro-bono options or not. Also, you could always pay for one consultation with a lawyer, no matter if you don’t plan on hiring them for the entire process. Whatever you do, just remember that getting professional advice is the safest way to get the results you deserve.
5. Your service didn’t follow the proper legal procedures
If you notice that your servicer didn’t follow all the required procedures, contact your attorney immediately. These mishaps happen more often than you think, and they could leave you without your property if you fail to react quickly enough.
The moment you get notified of the foreclosure, make sure to check whether everything was done according to the law. Your attorney will recognize these mistakes much faster and much more accurately than you, so remember to consult with them before filing any countermeasures.
6. The foreclosing party can’t prove they own your loan
This is one of the scenarios where you’ll be able to keep ownership of your home. However, you’ll need appropriate evidence collected and presented convincingly in court if you want to succeed. A reliable legal professional can help you achieve this in the quickest way possible. So, if this sounds anything like your current situation, promptly contact a lawyer for further assistance.
The bottom line
If you’re facing a foreclosure, then hiring a lawyer can be the best way to win the fight to keep your home. In fact, the only times you shouldn’t get your lawyers involved is when you’re not planning on keeping your home, you can’t afford it, or you simply don’t have any legal grounds to fight the foreclosure.