Reasons To Work With A Foreclosure Attorney Houston

By Martha Bennett


Most people who own homes in Houston worry about the homes getting foreclosed. When their home is being foreclosed, consumers can find it hard to decide if they should enlist the services of an attorney or not. If they know when it is essential to work with a foreclosure attorney Houston dwellers can avoid wasting time and money. It is important to hire a skilled attorney in the following situations.

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.

One defense that requires the assistance of a lawyer is when the lender failed to follow the right procedure when foreclosing your property. The foreclosing party must follow specific procedures stipulated by state laws strictly. A lawyer who is knowledgeable about the requirements in the state of Texas can advise you if a procedural error is serious enough to warrant the dismissal of your case.

You can also enlist the services of a lawyer if there is no proof that the party foreclosing the home owns the mortgage. For example, if the loan was converted into marketable securities, it is daunting to determine if the party foreclosing the home owns it or not. Your lawyer can defend you successfully if the foreclosing party fails to submit evidence showing that it owns the loan.

Another reason for hiring a lawyer is when homeowners suspect that their loan servicer made a serious mistake with their account. Some mistakes that loan servicers make include the failure to credit payments, charging fees that are unreasonable and misapplying funds. Attorneys who are knowledgeable about reviewing servicer payment histories can assist their clients to determine if the loan servicer made an error with their account and then defend them accordingly.

It is also important to hire an attorney if you are in the military. Members of the military have special protections against foreclosures. If you obtained your mortgage before you went to active duty, it is not possible for the loan servicer to foreclose your house unless it gets a waiver or a court order from you. A lawyer can assist you to learn more about the protections.

Another reason to hire a lawyer is when consumers want to have their loan modified. Sometimes, mortgage lenders dual track or stall loans. Getting a home back after the foreclosure process is completed in not easy. It is therefore vital to deal with legal violations before a property is sold. When property owners work with an attorney, they have a good chance of seeing results before their property is foreclosed.

An attorney can assist you in many ways during the foreclosure process. This includes helping you to learn about the rules and advising you about the options you have. The lawyer can assist you to avoid having your home foreclosed by working out a loss mitigation option or by filing a chapter 13 bankruptcy.




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