If you find yourself asking if you need a foreclosure attorney, it is best that you at least get a consultation. Every foreclosure situation is unique and you cannot be sure of your options without an individualized evaluation. Often you can have your situation evaluated for free. Our attorneys always give free telephone evaluations and would be happy to help you sort through your options and make an informed decision. However, if you think you might need a foreclosure attorney it is imperative that you act promptly in obtaining an evaluation of your situation. Waiting to have your situation evaluated could result in you losing foreclosure defense options that could have ultimately saved your home. You can call now for your free consultation or use the legal help link to set up a convenient time for your free consultation.
When to Hire a Foreclosure Attorney
While every situation is unique and should be individually evaluated by an attorney, below are some situations where you should definitely consider hiring a foreclosure attorney.
You Think the Bank Made a Mistake with Your Loan
If you believe you have a defense to the foreclosure, hiring a skilled attorney is key to saving your home. Each foreclosure case is different and nuanced. Missing one deadline or failing to raise a defense at the right time can cause you to lose your home when it otherwise could have been saved. Accordingly, you should hire an attorney if you think you have any defenses but especially one of the following:
- The loan servicer didn’t follow proper foreclosure procedures. To foreclose on your property the bank must strictly follow specific foreclosure procedures. Our attorneys are familiar with Ohio’s foreclosure requirements and can spot procedural mistakes that could lead to the foreclosure being dismissed.
- The bank can’t prove it owns your loan. Oftentimes, mortgage loans are bundled and securitized or transferred in a way that makes determining who actually owns the mortgage loan extremely difficult. Our attorneys can help you mount a defense in situations where the bank can’t prove that it owns your loan.
- Your loan servicer made a serious error with your account. The company that collects your mortgage payments can often make mistakes in managing your mortgage loan account. Examples of these mistakes include misapplying funds, failing to credit payments to the account, or charging unreasonable and non-allowable fees. Our attorneys frequently review client payment histories to identify account errors that can save your home.
You Want to Obtain a Loan Modification
While you are not required to hire an attorney to obtain a loan modification, failure to do so could result in you losing defense options and ultimately your home. Clients frequently come to us after being denied a loan modification and are surprised to find out that the foreclosure process is well underway and in some instances complete. The bank told them it was considering them for a modification but was secretly pushing the foreclosure forward. Once the client is in this situation the defense options available are decreased significantly and the prospect of saving the home is significantly lessened. Our attorneys ensure you have the best possible chance of being approved for a modification in addition to monitoring the foreclosure process to ensure all necessary defenses are preserved and you are provided the best chance of saving your home.
You Want to Remain in the Home During the Foreclosure
The notion that you don’t need to hire a foreclosure attorney if you just want to remain in the home during the foreclosure is misguided. While you legally own your home up until the foreclosure sale and are free to remain in the property during that time there are other considerations that must be taken into account. Our attorneys can help you maximize the time you have in the property but more importantly work to help you avoid any personal judgment that could otherwise result from a deficiency during the foreclosure sale and help set you up to recover financially. Failing to hire an attorney could prevent you from reaping the benefits of foreclosure alternatives such as:
- cash for keys,
- short sale, or
- deed in lieu of foreclosure.
Our foreclosure attorneys frequently find settlements that help our clients maximize their time and minimize the financial hardship they face going forward.
You Don’t Have Any Defenses to the Foreclosure
Even if you think you don’t have a valid defense to foreclosure every situation is unique. Our attorneys use a process that allows them to discover defenses and federal claims that could be lost if an attorney is not consulted. Furthermore, even when defenses to the foreclosure is scarce it may be possible to maximize your time in the home and set yourself up to better succeed going forward through one of the foreclosure alternatives mentioned above.
You Can’t Afford Your Home and Don’t Want to Keep It
Even if you can’t afford your home and don’t want to keep it obtaining a cash for keys, short sale, or deed in lieu of foreclosure can serve to improve your future financial situation and help you to avoid having to file bankruptcy. Our attorneys frequently find settlements that allow our clients to avoid bankruptcy and in situations where bankruptcy is unavoidable our attorneys will give you an unbiased referral for a bankruptcy attorney.