Monthly Archives: August 2016

Guide to Hiring a Foreclosure Defense Attorney

Every year, many people in the United States lost their homes to foreclosure because they are unable to keep up with the mortgage payment. The thought that you are going to lose your home to foreclosure can bring a burden onto you since you will have no place to live after losing your home. Many homeowners have successfully fought back by hiring a foreclosure defense attorney. It can be hard to hire the right foreclosure defense attorney because of so many scams around.

There have been a lot of scams trying to cheat homeowners that are feeling distress over the fact they are possibly going to lose their homes to foreclosure. Therefore, it is important to always do careful review on the foreclosure defense attorney prior to hiring. As a rule of thumb, you should never hire an attorney that makes a guarantee that they can help you to win the foreclosure case. A good lawyer certainly have a good chance of winning the case but he cannot guarantee it.

You must make sure the attorney you want to hire is licensed to offer foreclosure defense service in the state. The attorney must have a good reputation with the bar association in the state. If the name of the law firm is recognized in the bar association, you can do a research to see if they get any complaint in the public record. If the lawyer has a track record of ethical violations, you should look for a different lawyer. You must ask how many years the attorney has been handling foreclosure cases and ask to see the portfolio.

An experienced attorney will have good knowledge on the local judges that handle the foreclosure cases. The lawyer must have up to date knowledge about the foreclosure laws, for example taking continuing legal education (CLE) courses. New foreclosure laws have been passed in a number of states recently so it is very important that the attorney you decide to hire is knowledgeable about them. If the attorney is not attending CLE seminar or taking a CLE course, you should ask him how he stay up to date with the law.

If you want to hire the foreclosure attorney, make sure you inquire about the fees. Different attorney has different methods of charging their clients. The lawyer may charge you a flat fee or hourly fee. Some attorney will charge a monthly fee for representing you on the case. You should choose the lawyer whose fees you can afford. You must ask the lawyer what each is for. Reputable lawyers will accept payment by credit cards. It is a red flag if the lawyer does not accept credit card and ask for cashier check instead.

In order for the attorney fully understand your case, you must gather all the necessary documentations, from the application for the loan to the letter that is sent to you when you are late on payment. You should get consultations with 3 – 4 attorneys. During the consultation, you can explain your case to the attorney and ask them any question you want. You can ask for attorney what plan of action he would take after listening to your case. A lawyer will have to evaluate your case before giving you an estimate on the fees.