August 21, 2011

Foreclosure Defense ~ Do I need to hire an Attorney?

By Timothy Stull (

  Since the foreclosure crisis elevated in 2007, there have been millions of home owners trying to to save their homes from the clutches of foreclosure.  Unemployment and excessive debt are the primary reasons many families fall into the foreclosure trap.
  For nearly everyone, the bad financial times don’t last forever.  New jobs arise and more money is coming into the household.  However, the scars from the bad times are deep….the mortgage is severely delinquent….you are facing foreclosure.  Now the big question.  Do I need to hire an attorney?
  The foreclosure process is extremely complex.  The notices that the are sent out by your bank are baffling.  Understand that these notices were written by an attorney that represents the bank.  The attorneys job is to proceed with the foreclosure and evict you you from your home.  They are not there to help you.  They are not there to give you advice.  You need an an attorney set the playing filed level and protect your home.
 There is a set chronological sequence that needs to be followed through the court system to execute on a foreclosure.  Many attorneys try to take short cuts through the process.  These attorneys get paid based on the volume of foreclosures they complete.  They have every reason to cheat the system.  The right defense attorney can slow down the process by contesting the attempts to cheat.  If the bank’s attorneys are not contested, the court will allow the foreclosure process to move ahead rapidly.  Extra time is invaluable to many families.  You need an attorney to get you the time that you need to protect your home.
  Loan modifications are a great strategy for stopping foreclosure.  Loan modification means that the current debt with the bank is restructured.  Banks hate to complete loan modifications.  The bank will not help you through the loan modification process.  The bank’s main interest is to collect money from you.  They are not there to help you.  Regardless of what they tell you, their main motive is to collect as much money from you as possible.  The banking business has been the same for hundreds of years….it is not changing any time soon.  When you call the bank, you are speaking with a bill collector.  You need an attorney to battle the bill collector & work out a solid mortgage modification deal.  Stopping your foreclosure and getting you a payment you can afford for th long run.
  Mortgage litigation is a very aggressive path that many homeowners have chosen to prevent foreclosure.  An experienced mortgage litigation attorney can file suit against your lender, using  the technical violations with the original mortgage as leverage in the law suit. There are also other leverage methods that can be used, once discovery is performed on the case.  Ultimately, most banks will want to settle prior to an actual court date.  Settlements usually mean strong loan workouts, principal loan reductions and awarded monetary damages.  Mortgage litigation is a proven path to successful foreclosure prevention.  Experienced mortgage litigation attorneys are a rare breed.  Picking the right attorney with a winning track record is crucial.
The Fresh Start Legal Network has direct connections with foreclosure prevention attorneys across the USA.  We offer a free foreclosure prevention case evaluation & we can connect you with the right attorney to help you.  All of our attorneys have 10+ years experience in foreclosure / real estate law and have a winning track record   Feel free call us  at 877.297.7011 or visit us at
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