Should I Retain an Attorney To Fight My Foreclosure?

For the majority of homeowners who are in or facing foreclosure the last thing on their mind is to retain professional legal counsel. The number one reason for this is cost.

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A typical attorney will charge anywhere from $2,000-$5,000 to take on

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the homeowners case. Common sense will tell you that if you are in foreclosure you obviously cannot pay the mortgage how in the world is the homeowner going to be able to come up with an additional

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$5,000 dollars to retain the attorney. The important thing to remember is that every homeowner in foreclosure should have an attorney reviewing their case for fraud and predatory lending. These claims alone can trigger on ongoing court case

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resulting in the homeowner saving their home. Unfortunately the very first thing a homeowner is going to do when in foreclosure is.

It will be the best move you make

It will be the best move you make


Mindset of a homeowner in Foreclosure:

  1. Try and either borrow money from a relative or friend and deplete whatever 401K or IRA money they have left trying to stop the inevitable.
  2. Try and work with a local lender to
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    refinance the home, but the property value is now less than the home is worth, credit scores are too low or income does not support the new loan.

  3. Try and work with their current bank to do a loan modification, but little does the homeowner know that only 9% of all loans in process actually get modified and that a vast majority of those fall behind again within the next six months of the modification.
  4. Try and short sale the home. Meaning sell the home for less than what is owed. This has many potential negative ramifications for the homeowner and does not work if the homeowner wants to stay in the home.
  5. Filing bankruptcy is a good stall strategy but is only a band aid on a very large wound and does not solve any real issues

The best thing a homeowner can do if faced with foreclosure is get educated on what their legal rights are and work with an attorney who understands and specializes in foreclosure defense.

Characteristics of a qualified foreclosure defense attorney

1. Charge a small monthly fee rather than a

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large upfront retainer and ongoing expenses. 2. Make sure that they have had success with other clients and are in good standing with the states bar association. 3. The final and maybe most important qualification is great communication between the attorney, staff and client. Ask for some references and due your homework. There are a lot of attorney based loan modification companies out there and this is not the same as foreclosure defense. Foreclosure defense is where the attorney actually files counter claims on the homeowners behalf in court and sues the bank for fraud and predatory lending amongst other things. Foreclosure defense is the best way to go.

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