When a Client Needs a Lawyer to Stop Foreclosure

by | Sep 16, 2016 | Lawyers

If a homeowner is facing foreclosure, they must decide whether it is worthwhile to hire an attorney to fight. If the owner wants to keep the home, a lawyer’s help is necessary. Read further to learn when a person should hire a lawyer from Stlbankruptcyfirm.com to help stop foreclosure.

The Homeowner Wants to Keep the Home and Has a Defense

If the owner believes they have a defense and they wish to keep the home, they need an attorney’s help. In most situations, the defense must be raised in court by filing a lawsuit (in nonjudicial foreclosures) or responding to a lender’s lawsuit. Every foreclosure is unique, and it is difficult for a homeowner to mount an adequate defense without a lawyer. Some such defenses include:

* The lender failed to follow state law. A local attorney can tell a client whether a procedural misstep is enough to have the case dismissed.

* The foreclosing entity cannot prove ownership of the loan. In situations where loans are bundled and sold, it can be difficult to determine ownership. A lawyer can help a client find a defense based on contested ownership.

* The lender or servicer made an account error. An attorney who reviews servicer payment records can determine if the company made a mistake that forms the basis of a defense that can stop foreclosure.

Clients in the Military

Service members have special foreclosure protections under the SCRA (Servicemembers Civil Relief Act). Among other situations, if the mortgage was obtained before the client went on active duty, a foreclosure cannot occur unless the client signs a waiver or the lender gets a court order. An attorney can inform clients of their rights under the SCRA and ensure the servicer’s compliance with the law.

When the Client Cannot Afford the Home and Does Not Wish to Stay

In limited circumstances, a client may not need to hire legal representation. If a person cannot afford mortgage payments and does not want to keep the home, it can be a waste of resources to try to stop foreclosure from happening. Rather, the person can put the funds toward finding a new place to live.

Visit Stlbankruptcyfirm.com for further details.

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