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Archive for February, 2010

Foreclosures: When to Consult an Attorney

In the United States, foreclosures are hitting an all-time high. What does this mean? It means that you may be impacted, if you haven’t already been. When it comes to foreclosures, many homeowners and renters do not know where to turn. There may come a point in time when you need to consult with or hire an attorney.

Most media attention surrounding foreclosures is focused on the property owner. Yes, many of the individuals facing foreclosure are owners of single-family homes that they live in, but not always. A large number of rental property owners are finding themselves in foreclosure. As a renter, you may be curious as to what your rights are. If you want professional assistance, an attorney should be contacted.

In keeping with renters facing eviction due to foreclosure, proper notice must be given. Regardless of who is trying to have you evicted, whether it be the bank or the new property owner, proper notification is a must. In most states, a written, legal eviction notice is needed. Depending on your state, you may be given up to a month or more to move. Generally, you will not be expected to move out overnight. Also, until an eviction notice has been served, you cannot have your belongings moved from your apartment or have your utilities shut off. If this occurs, contact an attorney right away.

If you are a homeowner facing foreclosure, it may be in your best interest to consult with an attorney right away. As soon as your bank issues intent of foreclosure, it is best to explore your legal options. Remember, however, that you may want to work out an agreement with your financial lender, as they too want to avoid foreclosure.

One of the many reasons why you are encouraged to contact a lawyer, namely one who specializes in foreclosure, is because they have legal tricks up their sleeve. A lawyer can help you stop foreclosure proceedings in their tracks. One of the ways that this is done is by declaring bankruptcy. Bankruptcy can temporarily put a hold on foreclosure proceedings. In some states, homeowners can receive protection when filing for bankruptcy, meaning that their home cannot be touched. Since there are various rules and restrictions concerning this exemption, professional legal advice is recommended.

Unfortunately, another issue that homeowners facing foreclosure have to deal with are foreclosure scams. There are individuals and companies out there who claim to be professionals who can help you get back on track. They may offer to buy your home or and draft up a new mortgage for you. Many times though, homeowners end up paying more money than before. Do not let yourself become a victim and if you do, contact an attorney immediately.

Better yet, companies implementing the above mentioned foreclosure scams will require that you sign documents, which may essentially turn over ownership to them. Never sign anything without reading it yourself, but have an attorney take a look as well. When doing so, do not use the lawyer recommended to you. Instead, choose a lawyer that is locally based and well-known and trusted throughout your community. Ask those that you know for recommendations or find ratings and reviews online.

As previously stated, you may want to contact an attorney who specializes in foreclosures as soon as you spot trouble on the horizon. This is important, as even the best lawyers have their hands tied when the foreclosure proceedings actually start. Remember that a warning of intend to start foreclosure, does not mean that the process has already started. That is why it is vital that you seek professional advice as soon as possible.

In short, a lawyer specializing in foreclosures can provide legal assistance to both renters and homeowners. Don’t let yourself fall victim to foreclosure scams or get taken advantage of by your financial lender or landlord; be sure to seek legal help and do it fast.

Facing Foreclosure: Where You Can Turn

Are you facing foreclosure? If you have received an intent to foreclose notice from your bank, you may be feeling a wide array of emotions. These emotions may include fear, anger, and sadness. Regardless of how you feel about the situation, now is the time to take action. Depending on how soon you act, as well as what steps you take, you may be able to avoid foreclosure.

When facing foreclosure, one of the first places you should turn to is that of the United States Department of Housing and Urban Development, also known as HUD. There you will find experts who can help to point you in the right direction. One direction that you may be pointed to is that of a HUD approved housing counselor. A HUD approved housing counselor can give you tips on how to avoid foreclosure. However, if you have reached the point where foreclosure cannot be stopped, assistance on picking up the pieces and finding a new home will be provided.

Another professional that homeowners facing foreclosure should turn is to that of an attorney. Should you decide to contact an attorney for legal advice, it is vital that you select one who has experience dealing with real estate and foreclosure cases. As for how a lawyer can help you, they may be able to stop the foreclosure process. There are a number of ways this can be accomplished. An attorney can and should be contacted in the event you find yourself a victim of a foreclosure scam or if you feel you are being discriminated against by your mortgage lender.

Although it is best that you seek professional assistance, such as the assistance of an attorney or a HUD approved housing counselor, you may want to turn to those around you. As embarrassing as it may be to admit that you may lose your home, now is the time to receive support and encouragement from close friends and family members. In fact, they may be able to help you avoid foreclosure. Can you borrow money from someone that you know? If so, just make sure that you pay it back and in a timely matter.

Returning back to seeking professional foreclosure advice and assistance, real estate agents can also be approached. However, it is best if they are contacted as soon as you notice a problem. If you suspect you may fall victim to foreclosure, contact a real estate agent immediately. Before your home enters into the official foreclosure stage, it is known as being in pre-foreclosure. You can still try to sell your home. You can list your home as for sale by owner, but the knowledge and expertise of a professional real estate agent can help you sell your home faster.

Out of all of the places that you should turn to seek assistance with avoiding foreclosure, the bank is the most important. Financial lenders want to avoid foreclosure. Why? Because they almost always lose money on the sale of foreclosed properties. For that reason, schedule a meeting, in person, with your lender. Make sure you meet with someone who is high ranking in the branch, such as the bank president or the chief loan officer. If you can prove that your financial hardships are only temporary, do so. This may help to convince your mortgage lender to give you more time.

The internet can also be used to seek foreclose help and assistance. When using the internet, it is important to proceed with caution. You, honestly, never know if what you find online is true. With that said, many states clearly outline their foreclosure laws and homeowner options on their websites. You may also find detailed information online from homeowners who have been in the same place as you, facing foreclosure. Other homeowners may share the ways that they were able to successfully stop foreclosure. In addition to carefully reviewing all information provided to you, do not pay anything. Foreclosure advice can easily be found online free of charge.

Facing Foreclosure: How to Find Advice Online

If you are a homeowner who is on the brink of foreclosure or if your lender has already started the proceedings, you may not know where to turn. If you are limited on financial resources you may be unable to hire a lawyer to provide you with expert advice. Although nothing is better than professional help, you can turn to the internet.

When using the internet to find advice about foreclosure or to learn what your rights as a homeowner are, visit the website of your state. This should be the official website. Perform a search on the site for information on foreclosures. You should be provided with information on foreclosure laws in your state of residence, as well as detailed information on the process works. This information may also be available from other sources online, but you know the information is accurate and up-to-date when you get it directly from the source.

Another type of website that you may want to checkout is that of foreclosure attorneys or those who specialize in real estate. Many lawyers will share important foreclosure information and tips on their websites, available to you free of charge. For example, a current search of foreclosure attorneys will tell you that in some states foreclosure can be stopped right in its tracks when bankruptcy is declared. Although not all attorneys are willing to divulge all of their secrets, you may be surprised how much information you can find online.

The internet can also be used to help you find and hire a lawyer. As previously stated, those facing foreclosure don’t always have the financial resources needed to hire a lawyer, but there are ways around this. Some lawyers will accept cases pro bono and others will work out a payment agreement with you. As for when you should hire an attorney, you should do so if you fall victim to a foreclosure scam or if you believe that your lender is treating you unfairly and illegally. As a reminder, lawyers specializing in real estate and foreclosures are recommended.

Credit counseling websites are another resource that you can find available online. This is a controversial and sometimes risky approach, but help may be out there for you. Some credit counseling companies may try to work with your lender for you. This may result in more affordable monthly mortgage payments for you. With that in mind, there are many scams that surround these companies, even those that claim to be non-profit organizations. For that reason, do the proper amount of research online first or check with the Better Business Bureau (BBB).

The website for the United States Department of Housing and Urban Development (HUD) should be visited as well. There you will find a lot of information that is not only from a reliable source, but accurate. This website can be found at HUD.gov. There, you can not only review your options before, during, and after foreclosure, but you can be connected to valuable resources, including a HUD approved housing counselor.

Also online, you will find a number of websites that are operated by individuals just like yourself. Many have dealt with foreclosures firsthand, some came out on top, while others didn’t. These types of websites can be used to provide you with valuable resources, as well as support. Hearing how to deal with foreclosure firsthand, through someone who has been there before, may be a source of comfort for you.


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