When the unexpected occurs, like illness, divorce, or job loss, a lender may give a delinquent homeowner some extra time to become current. It is not always so simple when the homeowner suspects the lender's loan servicer has made critical errors that result in an inaccurate payment history. Individuals can face foreclosures for no fault of their own. When something like this happens, it is time to get in touch with a foreclosure attorney Houston homeowners have used in the past.
When you send in your payment, you trust that the loan servicer will post it correctly. This doesn't always happen. Clerical errors are possible, especially when account numbers are similar. Some service companies charge outrageous, and often illegal, late fees that can cause homeowners to get even farther behind on their mortgages. Keeping up with your paperwork can make the difference between a successful claim and a failed one.
Every state has laws and regulations regarding the procedure for processing foreclosures. Lenders who don't follow those procedures can be vulnerable to litigation from homeowners. It may take an experienced lawyer, familiar with foreclosures law, to determine the seriousness of the lender's errors.
Loans get sold and transferred periodically, and it may be that a previous lender is attempting to remove you from your home illegally. If the servicer, trying to force you out, doesn't actually own the loan, you certainly have the right to rebut the claims. In this case, you will need a lawyer to investigate whether or not the lender can prove it owns your mortgage.
There are special rules when it comes to foreclosing on military personnel. A court order will be necessary for a lender to starting foreclosing on a military home if the loan in question was taken out prior to the vet's active service. The Servicemembers Civil Relief Act was enacted to protect the military and their immediate families.
Dual tracking was a common practice for many years. It occurred when a homeowner applied for a loan modification and, while the lender was in the process of evaluating the application, the loan servicer also continued to process the foreclosure. It is illegal to do this now. Stalling the loan modification application is another technique some lenders use. You will need a lawyer to represent your interests against these practices.
Your home belongs to you until the process of foreclosing is complete. If you decide you want to stay in the home, you have a right to do so. It may take years to complete the process, especially in states with redemption rights. If the lender attempts to keep you from living in the house, by changing the locks for instance, a lawyer can stop the harassment.
You do have rights and recourse if you are the victim of a lender's errors or illegal practices. In order to keep your home, you may have to retain the services of a good lawyer familiar with foreclosures. It will be worth the money though, if you end up keeping your home and family together.
When you send in your payment, you trust that the loan servicer will post it correctly. This doesn't always happen. Clerical errors are possible, especially when account numbers are similar. Some service companies charge outrageous, and often illegal, late fees that can cause homeowners to get even farther behind on their mortgages. Keeping up with your paperwork can make the difference between a successful claim and a failed one.
Every state has laws and regulations regarding the procedure for processing foreclosures. Lenders who don't follow those procedures can be vulnerable to litigation from homeowners. It may take an experienced lawyer, familiar with foreclosures law, to determine the seriousness of the lender's errors.
Loans get sold and transferred periodically, and it may be that a previous lender is attempting to remove you from your home illegally. If the servicer, trying to force you out, doesn't actually own the loan, you certainly have the right to rebut the claims. In this case, you will need a lawyer to investigate whether or not the lender can prove it owns your mortgage.
There are special rules when it comes to foreclosing on military personnel. A court order will be necessary for a lender to starting foreclosing on a military home if the loan in question was taken out prior to the vet's active service. The Servicemembers Civil Relief Act was enacted to protect the military and their immediate families.
Dual tracking was a common practice for many years. It occurred when a homeowner applied for a loan modification and, while the lender was in the process of evaluating the application, the loan servicer also continued to process the foreclosure. It is illegal to do this now. Stalling the loan modification application is another technique some lenders use. You will need a lawyer to represent your interests against these practices.
Your home belongs to you until the process of foreclosing is complete. If you decide you want to stay in the home, you have a right to do so. It may take years to complete the process, especially in states with redemption rights. If the lender attempts to keep you from living in the house, by changing the locks for instance, a lawyer can stop the harassment.
You do have rights and recourse if you are the victim of a lender's errors or illegal practices. In order to keep your home, you may have to retain the services of a good lawyer familiar with foreclosures. It will be worth the money though, if you end up keeping your home and family together.
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