How A Foreclosure Attorney Houston Can Assist You

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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.

It is important to hire a lawyer if a lender did not follow the correct procedures when foreclosing a home. Foreclosing parties are required to follow some procedures laid down by state laws strictly. An attorney who knows about the requirements in Texas can advise property owners about the procedural mistakes that could be serious enough to warrant a case dismissal.

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.

Working with lawyers is also essential if you suspect that your loan servicer made a significant mistake with your account. Common mistakes include failing to credit a payment, misapplying funds and charging unreasonable fees. Lawyers who know how to review servicer payment histories can assist you to determine if the servicer made a serious mistake with your account and 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.

It is also crucial to hire a lawyer if you want your loan to be modified. Sometimes, banks dual track or stall a loan. Note that getting back your house is not a simple task after completion of the foreclosure process. It is therefore wise to handle this kind of legal violation prior to the sale. With the assistance of lawyer, you will have high chances of getting a good outcome.

Lawyers can assist people who are facing foreclosures in several ways. They can inform them about the law and their options. Attorneys can also assist their clients to prevent foreclosures by filing a chapter thirteen bankruptcy or going through the loss mitigation procedure.




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