Why You Shouldn't Challenge A Foreclosure Without A Lawyer

When the bank is foreclosing on your home, you might feel overwhelmed by the prospect of losing your home and needing to find a place to stay. There are legal services that can help you craft a foreclosure lawsuit strategy. However, since you may already be struggling to pay for your mortgage, you might wonder if you should save money by handling your foreclosure defense yourself.

Stopping a Foreclosure Requires a Deep Understanding of the Process

Non-judicial foreclosures can be handled out of court, but some states require that the lender engages in a judicial foreclosure. The lender must sue you in court to obtain permission to evict you and sell your home. In a court case, you have the right to represent yourself in court pro se. 

The reason why lawyers are important is that most Americans do not have the time necessary to educate themselves about the judicial foreclosure process and keep up-to-date with the regular changes in the law. An attorney has specialized training and knowledge that will allow him or her to assist you in building a solid case for why your foreclosure should be halted.

The Type of Defense Your Attorney Might Mount

Oftentimes, a lender doesn't follow the proper procedure when foreclosing on a home. However, you might find it difficult to look through the endless rules and statutes that govern the foreclosure process. An attorney will help you undercover violations made by your lender so you may bring a stop to the foreclosure and give yourself more time to catch up on your mortgage.

You have several rights during a foreclosure. For example, you must be provided with notice and you must be given the opportunity to catch up on your mortgage so that you can avoid losing your home. Also, if you believe that your lender has made a mistake when foreclosing on your home, you have the right to challenge the foreclosure.

The Risks of Failing to Stop a Foreclosure

If your home is foreclosed on, you will not only lose your home but you will also be saddled with the debt that comes from what is left of your mortgage after your home has been sold. You will also find it much more difficult to find a home in the future. For this reason, it's a good idea to work closely with an experienced attorney who has handled judicial foreclosure cases.

If you need a judicial foreclosure lawsuit defense strategy, contact a lawyer in your area.


Share