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What You Should Know About Foreclosure Attorneys

25 April 2020 No Comment

The world today is a complex mix of systems that enable the performance of daily activities. These systems, which include a lot of administrative and regulatory ones, every now and again have to be enforced or protected. This is usually because ordinarily, the general public will not always want to willingly submit to them because of their far reaching consequences.

However, the fact that the consequences of these activities are far reaching, in that it affects and directs how almost everyone in the society should function, does not mean that its processes are understood by everyone. In fact, only a select set of persons understand how these system of regulations and laws function, and are able to navigate it.

These persons are majorly able to do so because of their profession and the profession mainly concerned with these set of activities are attorneys or lawyers.

Foreclosure Attorneys

In the legal profession, there are different areas of specialization. You find lawyers who are specialized in one area or the other. For example, there are those who specialize in handling bankruptcy matters, those in consumer protection, those in real estate etc.

In the case of our area of focus, a foreclosure attorney is one that handles foreclosure matters. Such a lawyer might represent a bank, a business organization or a home owner.

They usually have a very firm grasp on how foreclosure matters and proceedings go and how to navigate through them. They also are best placed to advice any one or organization faced with such challenges on how to handle them, you can read more about them here.

What Does Foreclosure Mean?

This is a legal process through which someone or an institution, from whom money has been borrowed from and to whom there has been a default in repaying the borrowed sum, takes control of the property which was presented as security for the borrowed sum. This whole process of foreclosure usually kicks in when there is a continued failure or default in keeping to the terms of a mortgage agreement from which it derives its legal basis.

Basically, what happens is that while a lender is in the process of lending out money to a borrower, the parties enter into an agreement called a deed of trust contract. This contract gives the lender the right to use a property belonging to the borrower as collateral (which is as a kind of insurance) should the borrower or buyer fail to meet the obligations in the contract.

Once the borrower, for one reason or the other, fails to meet the obligations in the contract, the foreclosure process can be initiated. You can read more about this process and its different types here: https://www.investopedia.com/terms/f/foreclosure.asp.

Why You May Need a Foreclosure Attorney

There are a lot of things that cannot be predicted in life as lots of unwanted or unexpected situations might occur. A few examples include things like the loss of a loved one, a health challenge that bites hard into your income, a financial meltdown in the economy or even the loss of your source of income.

The point is, there are lots of reasons why people default on their deed of trust contract outside of negligence. There might be legitimate grounds for which a debtor’s property might legally not be due for a foreclosure. There might even be other options open to such an individual that might help spare their property. Knowing all the different options available is however something that will mainly be known to an experienced attorney.

The following are situations or reasons why you may need to hire a foreclosure attorney:

  1. You Have a Defense: You may have a defense against the impending action against you. If you think this applies to you, then you should get a lawyer skilled in such matters to help you prepare your defense or advice you.
  2. You Are in The Military: Those who are in military service have special provisions that protect them from foreclosure.
  3. The Need to Know Your Options: Due to the fact that this is their area of specialization, your lawyer is best placed to advice you on the best course of action to take depending on the peculiarities of your situation.
  4. To Represent You at Settlement Conferences: This would be a wise and necessary choice if you reside in states that mandate settlement conferences. This will ensure that your interests are well represented and you can take full advantage of whatever provisions of the law that can work in your favor.

It is however important to state here that you must be certain that your attorney is very knowledgeable on the subject matter. Firms like fine law offices ensure you get the very best representation possible.

Getting the Best Service Possible

The following are tips on how to get the best foreclosure defense lawyer possible to handle your matter. This obviously comes after you must have evaluated yourself and decided to get the services of a lawyer.

  • You can start by contacting your state or the local bar association near you. From there, it is easy to track down different lawyers based on their area of specialization
  • Another option will be to get a recommendation from people you trust. They would most probably refer you to someone who has been tested and can be trusted.
  • There is the internet! There, you can narrow down your search to the area of specialization and also to the one nearest to you or in your locality.
  • While searching, look at the lawyer’s record and background, both in the area of specialization as well as the issue of character
  • Finally, set a date for an initial consultation and on that day, ask the right questions and if you like what you see, you can engage the lawyer’s services. You can also get more tips on what to do, especially on areas that might be bothering you in this article.


Your situation might not be as bad as you might have presumed, and you may not necessarily have to lose your home or that valued property of yours. Careful consideration and proper information and direction might be all you need.

Ultimately, the ball is in your court as only you determine what your next action should be. Make a wise choice today to protect your interest.

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