Posted on: 7 November 2022
If you are worried you are going to lose your home to foreclosure, you need an attorney to help you deal with the process. An attorney can offer you an abundance of assistance to help you navigate the steps you will need to go through and maybe even help you save your home. Here is what you need to know:
What Is the Timeline of a Foreclosure?
The foreclosure process starts when your mortgage company files a lawsuit against you. You will receive a summons that you must respond to by a certain timeline based on the laws in your state. Your attorney will make sure you respond by the deadline. If you miss the deadline, you can lose your case right away.
After that, the discovery process begins. This includes the exchange of documentation requested by both parties, which is yourself and the mortgage company. If you work with an attorney, you will not have to worry about taking care of discovery yourself and risk not providing the necessary documentation.
After discovery, a judge may use a summary process to determine the outcome of the case. This process determines if your case will go to trial. If the case goes through trial, it can be a scary and stressful time. Your attorney will take care of all the stressful parts of the trial, so you do not have to worry.
How Can an Attorney Benefit You During Your Foreclosure?
During the trial process, your attorney may be able to come up with a resolution to potentially save your home. For example, your attorney may help you work out a deal with the mortgage company that allows you to stay in your home by rearranging the payments or tacking them onto the end of your loan period.
An attorney can also investigate the terms of your home loan to ensure they own the loan. Often mortgage loans get sold between lenders. If the lender that is suing you for foreclosure is not the same lender that holds your loan, your attorney can potentially argue that they do not have a basis to sue you. If you are in the military, an attorney may be able to help protect your home through the Service Members Civil Relief Act. If the foreclosure documents were not filed properly by the lender, your attorney will recognize that and argue the foreclosure cannot move forward unless the proper documents are provided.
Contact a local foreclosure lawyer to learn more.Share