Foreclosure on real estate is a special procedure, which is carried out on real estate to collect a monetary claim. Of course, for the debtor, this is the most disastrous form of penalty. Assessing the value of the real estate is a necessary procedure when enforcing real estate – as well as hiring a foreclosure defense attorney. But can a lawyer help you in such cases? Here are 5 things a good foreclosure defense attorney can do for you.
What Is Foreclosure?
You are currently in crisis, you have lost your job, you have no income – and the situation is similar with other family members. You cannot pay the bills or the mortgage for your house. You are concerned about the consequences of these delays. The concern you have is real because in that situation – there may be a foreclosure procedure in which you may lose your home. Not only are these situations stressful for the whole family, but they are also very complex from a legal point of view, so the defense of a foreclosure lawyer is necessary.
The Economic Situation Takes A Toll When It Comes To The Number Of Foreclosures
The number of foreclosures on real estate is growing day by day. We can also say that the Covid-19 pandemic had a big impact on that – because many people lost their jobs and lost sources of income to pay their mortgages. Some countries have regulated this by giving clients a so-called grace period in repayment – while some have not, or it has not helped citizens much. Given the current economic situation, it is predicted we will have even more foreclosures in the coming period. Since they are mostly related to banks, experts note that foreclosures do not depend only on the economic situation. In their opinion, one part of the banks met the needs of their clients – while the other did a bad job.
Can A Foreclosure Attorney Help Us And How?
Relations between creditors and debtors could improve significantly – only if there was a willingness to cooperate, some experts say. They also claim that the increase in the number of properties under foreclosure and their sale – will not affect property prices in general. Of course, real estate sold through foreclosure rarely reaches the price of its real value. However, it covers accumulated debts. Those who receive a decision on foreclosure on their property – should use all their legal possibilities to save themselves from foreclosure. This primarily means hiring a foreclosure lawyer.
What A Foreclosure Defense Attorney Is Able To Do For You?
Since foreclosures are becoming more common today – there is a clear need for an experienced lawyer in this legal area. This is perhaps the only thing you can do to increase your chances of success and preserve your home. According to Friscia Law attorneys, these procedures are very complex, and therefore require the knowledge of a lawyer in this field – who will point out to you all the legal possibilities that you can use in such cases. Here are some extremely important reasons why you need a foreclosure attorney.
1. A Good Lawyer Can Offer You Different Legal Options
It is quite certain that you do not have adequate knowledge, especially in the field of the executive law. Enforcement is the basic handle of the executive law – and also a specialty of a foreclosure lawyer. Of course, lawyers are very skilled in this field – and they will help you a lot in the process. First of all, a lawyer will draw your attention to avoiding some of the classic legal traps – and thus help you increase your chances of keeping the house. Also, a good lawyer can help you with methods to avoid foreclosure or mitigate loss. It can also help you modify your loan in agreement with the other party or possibly extend some terms. So, all in all – the presence of an experienced lawyer is more than desirable.
2. A Good Lawyer Is Needed In Cases Of Representation In Settlement Proceedings
Depending on the country in which you live – you may be ordered to have a so-called settlement procedure or conference. In that case, the presence of a lawyer is valuable because your lawyer can represent you in the proceedings. Your lawyer will negotiate with the bank’s legal team on the conditions – under which the method of repayment could be adjusted so that you still manage to save your home. This procedure is somewhat similar to mediation because within this process both parties agree on alternative solutions that would resolve the issue of your debt to creditors – but you would still be able to save the house. Something like this would be hard to accomplish on your own – without the presence of a foreclosure attorney.
3. A Lawyer Can Assist You In Changing The Loan Terms
Although this sounds complicated, it happens very often in practice. Namely, when you owe the money – both you and the bank, the goal is to pay off the debt. Therefore, very often banks also show a certain degree of flexibility in terms of agreements. However, without the knowledge of legal regulations in this area – you can hardly achieve something like that on your own and without the help of an experienced lawyer. He will be able to present to the bank in the best way the conditions that you could meet in the future form of mortgage or loan repayment – to help you meet the new repayment terms or even get approval for a loan that you can afford.
4. Filing A Counterclaim In Court
Sometimes mistakes happen on both sides. Poor paperwork, poorly established payments, etc. – can lead to errors due to which the bank raises the execution of your property. If this is the case, your lawyer will know the right way to establish and present the facts – and thus file a counterclaim in court. While this is not a common situation, it sometimes happens that people fall victim to unfair practices – and even illegal mortgage assignments. In such cases, hiring an experienced lawyer is essential. In such cases, a good lawyer will know what methods to take to delay enforcement. If you turn out to be right, the court may even dismiss the other party’s lawsuit – and enforcement of your property in its entirety.
5. A Lawyer Can Help You Initiate Bankruptcy Proceedings
If you have exhausted all other arguments, and you have this option – the experience of a lawyer can be invaluable and significant. Namely, in that case, the lawyer can initiate the so-called Chapter 13 or bankruptcy proceedings. In case you have a skilled lawyer, this legal procedure can allow you to get on-time – more precisely 3 to 5 years repayment period, and you will be able to keep your house.
The Bottom Line
We hope that we have explained to you at least a little about the importance of hiring a lawyer in such situations. Certainly, each of us aims to save our house – not only because of the financial value but also because of the memories. Keep in mind that this kind of legal battle cannot pass without an experienced lawyer. We wish you good luck.