Facing foreclosure is something that millions of people have been through. Some homeowners won’t go down without a fight. In that case, it is essential to have a foreclosure attorney in their corner.
If you are up against a possible foreclosure, please keep reading about whether or not you need to hire a lawyer to represent you during this process. We’d gladly answer any questions you have during your free consultation with our Florida foreclosure defense attorneys.
When to Hire a Foreclosure Attorney
You have a right to defend your home if the bank is trying to take it. The following are a couple of reasons why you should hire a lawyer if you are facing the possibility of foreclosure.
You Want to Defend Your Home
If you have a valid reason to fight for your home, you will likely need a foreclosure attorney to help you. Depending on your circumstances, you may use a few defenses which would allow you to save your home from foreclosure.
First, if your mortgage lender did not correctly follow foreclosure procedures, you can fight this. There are several steps that they need to go through before they foreclosure your home. If they don’t follow the procedure, it is time to call a lawyer.
Further, if the mortgage lender cannot show proof that they own your loan, you can fight foreclosure.
Lastly, if a huge error is made to your mortgage account, you can call on a foreclosure attorney to help you. An error may include charging you unreasonable fees, forcing you to pay for a homeowner’s insurance policy that was bought improperly, etc.
We can help you determine valid reasons to fight foreclosure.
You Are an Active Servicemember
If you are in the military, you are given special protections under the Servicemembers Civil Relief Act, which provides several benefits. Essentially, if you are facing foreclosure as a military member, you are protected against this court action. You cannot face foreclosure while serving our country. We would be glad to discuss this further during your free consultation.
When Not to Hire a Foreclosure Attorney
In some cases, it may make sense for you to throw your hands up and surrender to foreclosure. The following are reasons why you may not need to hire a foreclosure lawyer.
You Don’t Want to Save Your Home
You will not need to hire a lawyer if you have no intention of fighting foreclosure. Many homeowners have chosen not to fight foreclosure because they are trying to stay in their homes for free until the new owner gets the title to the house.
You can do this because you technically still have legal ownership of the home until the title is transferred.
However, it may be preferred to have a lawyer if you intend to do this because some banks will try to take out your property or change the locks to your home before the title is transferred. In this case, you may need legal assistance.
You Don’t Have a Valid Defense
You may very well not have a legitimate defense for your foreclosure, so you may decide not to fight it. This would be when you give up your home to the bank. It may have been a willful decision to stop paying your mortgage without having any intentions of beginning payments again.
If you believe this foreclosure is warranted and don’t want to stop it, there would be no real reason to hire a foreclosure attorney.
Please understand that you do have options that could save you from foreclosure. We would be happy to discuss those options with you.
Schedule Your Free Consultation With Us
If you wish to fight to save your home, we would be glad to get started with you during your free first consultation. Call us to get that scheduled.