Reasons To Work With A Foreclosure Attorney Houston

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.

You can hire a lawyer if you want to retain your house. In such a case, you have to raise the defense in a courtroom. If the foreclosure is non judicial, you can file your own lawsuit. If it is judicial, you need to respond to the lawsuit filed by the lender. Foreclosures differ and they have complex nuances that can make a case or break it. Mounting a successful defense to a foreclosure without a lawyer is not easy.

You also need a lawyer if the mortgage bank did not follow the right steps when foreclosing your house. The foreclosing party is required to follow systematic steps stipulated in state laws. A lawyer who is knowledgeable about what is required in Texas can advise you about the seriousness of a procedural error that can lead to the dismissal of a foreclosure.

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.

Another reason for hiring a lawyer is when homeowners suspect that their loan servicer made a serious mistake with their account. Some mistakes that loan servicers make include the failure to credit payments, charging fees that are unreasonable and misapplying funds. Attorneys who are knowledgeable about reviewing servicer payment histories can assist their clients to determine if the loan servicer made an error with their account and then defend them accordingly.

It is also important to hire an attorney if you are in the military. Members of the military have special protections against foreclosures. If you obtained your mortgage before you went to active duty, it is not possible for the loan servicer to foreclose your house unless it gets a waiver or a court order from you. A lawyer can assist you to learn more about the protections.

If you need to have your loan modified, seeking the help of an attorney is essential. At times, banks stall or dual track a loan. Since it is not easy to get your house back after the foreclosing process is completed, you should handle this legal violation before the sale occurs. With an attorney by your side, you will have a better chance to get results before the house is sold.

An attorney can assist you in many ways during the foreclosure process. This includes helping you to learn about the rules and advising you about the options you have. The lawyer can assist you to avoid having your home foreclosed by working out a loss mitigation option or by filing a chapter 13 bankruptcy.




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