The Importance Of Hiring 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 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.

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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