Reasons To Work With A Foreclosure Attorney Houston

By Martha Bennett


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.

One of the reasons why you should consult with an attorney is when you want to retain your house. If this is the case, raising a defense in a courtroom is important. If the foreclosure is not judicial, filing your own lawsuit is a good option. In the case of a judicial foreclosure, you must respond to the lawsuit that the lender has filed. Foreclosures have subtle differences that can affect your case either positively or negatively. It is daunting to mount a defense to a foreclosure successfully without the assistance of a lawyer.

You also need a lawyer if the mortgage bank did not follow the right steps when foreclosing your house. The foreclosing party is required to follow systematic steps stipulated in state laws. A lawyer who is knowledgeable about what is required in Texas can advise you about the seriousness of a procedural error that can lead to the dismissal of a foreclosure.

You also need an attorney when the foreclosing party is not able to prove that it owns your loan. For instance, if your loan was converted into a marketable security, it can be a challenge to determine if the party that is foreclosing your property owns the mortgage or not. A lawyer can assist you to figure out if you can defend yourself by stating that the foreclosing party is unable to show that it owns the mortgage.

Hiring a lawyer is also essential if you feel that the loan servicing firm made huge mistakes with your account. Some common mistakes include misapplying funds, charging hefty fees and failing to credit payments. An attorney who is knowledgeable about checking payment histories can be of great assistance when it comes to figuring out if the loan servicing firm made significant mistakes with your account. The professional will then defend you accordingly.

People who are in the military can also benefit from hiring a lawyer. These individuals have unique protections against foreclosures. If the active military members obtained their mortgage before they went to active duty, their home cannot be foreclosed if the loan servicer does not get a court order or waiver from them. Lawyers can inform military members more about the protections they have.

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.

An attorney can be of great benefit in the foreclosure process. He or she can assist you to know more about the regulations and available options. When you consult with an attorney, you can also avoid getting your house foreclosed. The professional can help you go through the loss mitigation process or recommend that you file a chapter 13 bankruptcy.




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