5 benefits of working with a foreclosure attorney
Getting started on the foreclosure process for your home can be a stressful and frustrating experience. The prospects of having nowhere to go after your foreclosure can also be a scary reality to face. With help from a foreclosure attorney, you can make the whole process go much smoother and feel more comfortable with the proceedings. If you’re not sure if hiring a foreclosure attorney is right for you, our team at Claim Surplus has put together a list of five benefits of making the hire.
Filing a Notice of Appearance
If you’re not going to represent yourself in your foreclosure proceedings, your representation will need to file a Notice of Appearance to your lender and the local courts through which your foreclosure is being processed. This will allow your attorney to act on your behalf for the duration of the foreclosure so you don’t have to deal with letters from the bank or the courts. Instead, everything will flow directly through your attorney’s office.
Responding to a Summons and Complaint
In most cases, your lender cannot foreclose on your home before filing an order through the courts called a Summons and Complaint. This is a formal proceeding where your lender is filing a lawsuit against you. As with any lawsuit, you’re going to want a lawyer who can respond to the summons and help review the filing, and put together a case for you. An experienced foreclosure attorney can also help to find possible errors in the filing.
Expertise in loan modification
There are times when you can make through parts of your loan to help prevent a foreclosure. This will often take a considerable amount of negotiating with the bank to restructure the loan term, interest rate, and more. Your attorney will be able to work on your behalf to find a reasonable solution. If the bank isn’t willing to work with your lawyer and negotiate a modification in your loan or find another resolution, you’ll likely have to follow through with the foreclosure.
Use defense strategies
Sometimes the best thing you can do with a foreclosure is slow the process down so you can find a new place to live. Although, there might also be cases where the bank or lender hasn’t done its due diligence in filing a complaint against you. An attorney can identify these oversights on the lender’s behalf, which will require them to refile the paperwork and start the process over. During this time, you’ll be able to work with your attorney to put together a defense in your case while you prepare yourself for a move.
Protecting your equity
If you have equity in your home before you foreclose, it’s going to be important that you do everything you can to protect it. Remember that the value of your home will often appraise below market value before foreclosure, but this doesn’t always mean that you’ll lose all of your equity. You’re entitled to the equity of your home after foreclosure so you’ll need an attorney to help protect it during and after the process. Once the foreclosure is complete, your foreclosure lawyer can help you get that money.
Contact us for help
If you need help finding a foreclosure attorney, reach out to us at Claim Surplus. It can be difficult to find an ally during the foreclosure process, but our team believes in fighting for the rights of the homeowner. Give us a call at 407-759-6226 or send a message to schedule a consultation. We look forward to working with you and working with you during the difficult time of the foreclosure of your home.
