Trying to get out of foreclosure? Read on to know how a Foreclosure Attorney can help you

A Foreclosure Attorney Is Critical To Save Your Home

Foreclosure

The foreclosure process is extremely complicated and it can be scary. Most individuals are not certain how to handle this situation. A foreclosure attorney will defend you from foreclosure and assist with a loan modification.

The Notice of Appearance

The first step a foreclosure lawyer takes is filing a notice of appearance. This enables them to officially represent you. Once the notice has been filed all information is sent directly to your lawyer.

The Summons and Complaint

In order to foreclose on your home your lender has to file a lawsuit. This means you will be served with a complaint and a summons. This makes you the defendant and the plaintiff is your bank. You have a specific length of time to respond. An attorney will answer the complaint on your behalf stating you are fighting the lawsuit. Your attorney may additionally see mistakes in the complaint you do not have the legal expertise to notice.

The Settlement Conference

A settlement conference may be required. This regards a meeting with a court appointee between a representative from the bank and the owner of the home. The purpose is to find a solution other than abandoning the property or foreclosure. A foreclosure attorney will attend the conference for you. This will prevent you from having to miss time at work. Sometime a permanent resolution takes numerous conferences. An attorney understands how to handle this situation where most people are just confused.

The Defense Strategies

A foreclosure lawyer can pursue defense strategies during the course of a loan modification. This will help prevent foreclosure. The strategy may be the mortgage assignment is bogus, unfair lending practices, a precedent for a failure of condition or the real party of interest is not the plaintiff. A knowledgeable, experienced attorney knows which defense strategy to use depending on the specifics of the case. Lawyers have been delaying foreclosures for many years.

Loan Modification Assistance

If you are trying to save your home you most likely need a loan modification. This is the only way you will be able to permanently keep your home. A loan modification is different than refinancing your home and there are no closing costs. The biggest issue is getting approved without the assistance of an attorney. One of the problems you will likely encounter is proving your income is in the range required for a loan modification to your bank. A lawyer has both experience and expertise regarding loan modifications. They know exactly what the bank wants and how it must be presented. This can help you achieve the desired result.

A Good Judgment

One of the most important assets of an attorney is their judgement in legal matters. They have the experience necessary to know what course of action has the best chance of being successful. They also the understand the required steps to achieve this goal. The advice of a lawyer is often critical in stopping a foreclosure and may save your home. If you try to proceed by yourself you may be taking all the wrong steps.

Author: RAYMOND D. RADOW
Ray Radow is a founding partner of the Radow Law Group, P.C. His practice concentrates on Real Estate and Commercial Litigation with a focus on Foreclosure Defense Litigation and Real Estate Transactions, as well as Personal Injury and Criminal Law. Since the onset of the housing crisis, Mr. Radow has represented countless borrowers faced with the looming prospect of foreclosure and has regularly obtained loan modifications for eligible clients, resulting in significant reductions in monthly mortgage payments and, most importantly, keeping families in their homes.

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