Many homeowners in Houston are worried about the risk of their homes getting foreclosed. When facing a foreclosure, you may not be sure whether it is worth it to hire a lawyer to fight for you. By knowing when to consult a foreclosure attorney Houston residents can save money and time. The following are the main situations when you should consider using the services of a skilled attorney.
People who want to keep their homes should hire a lawyer. These homeowners should raise a defense in a court. They can file their own lawsuits if the foreclosure is non judicial or respond to the lawsuit the lender has filed if the foreclosure is judicial. Foreclosures are unique and they have complicated nuances that can affect a case either negatively or positively. It is hard for homeowners to defend themselves against a foreclosure if they have not hired an attorney.
One defense that requires the assistance of a lawyer is when the lender failed to follow the right procedure when foreclosing your property. The foreclosing party must follow specific procedures stipulated by state laws strictly. A lawyer who is knowledgeable about the requirements in the state of Texas can advise you if a procedural error is serious enough to warrant the dismissal of your case.
You can also enlist the services of a lawyer if there is no proof that the party foreclosing the home owns the mortgage. For example, if the loan was converted into marketable securities, it is daunting to determine if the party foreclosing the home owns it or not. Your lawyer can defend you successfully if the foreclosing party fails to submit evidence showing that it owns the loan.
Another reason for hiring a lawyer is when homeowners suspect that their loan servicer made a serious mistake with their account. Some mistakes that loan servicers make include the failure to credit payments, charging fees that are unreasonable and misapplying funds. Attorneys who are knowledgeable about reviewing servicer payment histories can assist their clients to determine if the loan servicer made an error with their account and then defend them accordingly.
It is also important to hire an attorney if you are in the military. Members of the military have special protections against foreclosures. If you obtained your mortgage before you went to active duty, it is not possible for the loan servicer to foreclose your house unless it gets a waiver or a court order from you. A lawyer can assist you to learn more about the protections.
If you need to have your loan modified, seeking the help of an attorney is essential. At times, banks stall or dual track a loan. Since it is not easy to get your house back after the foreclosing process is completed, you should handle this legal violation before the sale occurs. With an attorney by your side, you will have a better chance to get results before the house is sold.
Lawyers can assist people who are facing foreclosures in several ways. They can inform them about the law and their options. Attorneys can also assist their clients to prevent foreclosures by filing a chapter thirteen bankruptcy or going through the loss mitigation procedure.
People who want to keep their homes should hire a lawyer. These homeowners should raise a defense in a court. They can file their own lawsuits if the foreclosure is non judicial or respond to the lawsuit the lender has filed if the foreclosure is judicial. Foreclosures are unique and they have complicated nuances that can affect a case either negatively or positively. It is hard for homeowners to defend themselves against a foreclosure if they have not hired an attorney.
One defense that requires the assistance of a lawyer is when the lender failed to follow the right procedure when foreclosing your property. The foreclosing party must follow specific procedures stipulated by state laws strictly. A lawyer who is knowledgeable about the requirements in the state of Texas can advise you if a procedural error is serious enough to warrant the dismissal of your case.
You can also enlist the services of a lawyer if there is no proof that the party foreclosing the home owns the mortgage. For example, if the loan was converted into marketable securities, it is daunting to determine if the party foreclosing the home owns it or not. Your lawyer can defend you successfully if the foreclosing party fails to submit evidence showing that it owns the loan.
Another reason for hiring a lawyer is when homeowners suspect that their loan servicer made a serious mistake with their account. Some mistakes that loan servicers make include the failure to credit payments, charging fees that are unreasonable and misapplying funds. Attorneys who are knowledgeable about reviewing servicer payment histories can assist their clients to determine if the loan servicer made an error with their account and then defend them accordingly.
It is also important to hire an attorney if you are in the military. Members of the military have special protections against foreclosures. If you obtained your mortgage before you went to active duty, it is not possible for the loan servicer to foreclose your house unless it gets a waiver or a court order from you. A lawyer can assist you to learn more about the protections.
If you need to have your loan modified, seeking the help of an attorney is essential. At times, banks stall or dual track a loan. Since it is not easy to get your house back after the foreclosing process is completed, you should handle this legal violation before the sale occurs. With an attorney by your side, you will have a better chance to get results before the house is sold.
Lawyers can assist people who are facing foreclosures in several ways. They can inform them about the law and their options. Attorneys can also assist their clients to prevent foreclosures by filing a chapter thirteen bankruptcy or going through the loss mitigation procedure.
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