Find Best Foreclosure Attorneys & Lawyers Near You

A property foreclosure attorney is a lawyer who specializes in protecting property owners who face the loss of their property through foreclosure. A foreclosure attorney has to be knowledgeable in different areas of law that may affect your foreclosure defense such as banking regulations, consumer protection laws, state and federal foreclosure laws, and bankruptcy law. The best foreclosure law offices also understand business partnerships and corporate law for those clients who own property as an investment.

A mortgage foreclosure can be very complicated. Your loan could have been sold or the loan servicing transferred. Mistakes could easily have been made that violated your rights. Ownership of your loan may even be in question. You may have a valid foreclosure defense and not realize it. A foreclosure professional in your area will develop your legal arguments, guide you through the complicated rules of the court, and submit the paperwork that can give you enough time to avoid foreclosure. They might also be able to negotiate a loan modification so that you can catch up with payments and keep your property. Some states even have a redemption period when you can reclaim your property after foreclosure. Most likely, foreclosure prevention will be difficult without the assistance of a local property foreclosure attorney.

If a borrower defaults on their loan payments, the lender can seize the property and sell it to repay the loan. The mortgage is the loan document that gives them the right to do this. The process of taking the borrower’s property is called a foreclosure. In judicial foreclosures, the lender files a lawsuit against the borrower, the borrower responds in court and a judge decides the case. Some states allow non-judicial foreclosures that are done outside of the court. In order to plead their case, the borrower has to file a lawsuit. Either way, the borrower could wind up in court and need the services of a mortgage foreclosure attorney. Once the lender has control of the property, it is sold, typically at an auction. Bidders on the property can include the lender. If the lender is the only bidder, then the property becomes Real Estate Owned (REO) by the lender and is listed for sale.

The average cost of a foreclosure attorney’s services may vary depending on the market where you are located. Many foreclosure attorneys charge their clients an hourly rate. This can be anywhere from $100 to $200 per hour. They may also require a retainer which is paid in advance. Some of the work may be performed by assistants in the office whose hourly rates will be lower. Some foreclosure law offices price their services in a flat fee, which can be $1,500 to $4,000. They may require that you pay some or all of the fee upfront. You may find an attorney who will charge an upfront retainer plus monthly fees for each month that the foreclosure is pending. Most attorneys, no matter how they price their services, will have charges for additional items such as travel expenses, mailing and courier costs, making copies, and court costs. You should receive a detailed proposal, and you should always talk to several attorneys and compare costs.

Look for an attorney who has expertise in foreclosure law. They may also be a real estate attorney, or a bankruptcy attorney because those areas often overlap with foreclosure cases. Ask how many foreclosure cases they have done, and how many of their cases at any given time are foreclosures. Get an idea of their experience. How long have they been in practice in that state? What services do they offer? Your case may involve loan modification, delay of the foreclosure so that you can improve your circumstances or possibly even bankruptcy. Do they handle all of those areas? You need to know how busy they are. You’re going to be on a deadline and need to know that they will be available. If you are an investor, make sure that they have experience in partnership and corporate law if it applies to you. Finally, will they meet personally with you for a free consultation? This will tell you how they view your case, do they think they can help you, and whether or not they are a good fit.

This is such an important matter for any property owner that the selection of their foreclosure attorney should not be made casually. Internet searches may be too haphazard for something this important. Personal referrals are good. If someone you trust has used a foreclosure law office or knows them professionally, that would be a good source of information. You should still consult with several reputable attorneys before choosing one to represent you. The HouseCashin directory of foreclosure attorneys is a list of foreclosure law professionals in your vicinity who have been carefully selected for their expertise and experience. When your property is at stake, you can trust HouseCashin to guide you in your choice of a foreclosure attorney.

A community Homeowners' Association (HOA) has responsibilities that require funds such as, maintenance of community property and paying liability insurance. They also have the responsibility of enforcing the association by-laws and community deed restrictions. Homeowners are required to pay their share of the HOA budget and assessments. In addition, if a homeowner does not maintain their property, the HOA usually has the right to have the work done and bill the property owner for that work. They can also fine owners for certain infractions. If a homeowner does not pay the amounts owed to the HOA, that amount becomes a lien on their property. Depending on state law, and the HOA by-laws and declarations, the HOA may be able to foreclose on the property to capture any monies owed. An HOA foreclosure works in much the same way as any other foreclosure proceeding. It is a serious legal matter that can result in the loss of your property. You should consult an HOA foreclosure attorney who is experienced in these matters for help in protecting your rights and your property.