If you’re facing foreclosure, you may believe that your situation is bleak. It’s not. You may believe that hiring a lawyer is expensive. That is simply not true. You can hire a lawyer who can help you.
You enjoy some about some basic rights as a homeowner.
- Even if you are behind on your mortgage, you cannot be evicted from your home unless the bank or your lending institution obtains a foreclosure judgment following a lawsuit. Simply because you are unable to pay your mortgage doesn’t mean that you will lose your home.
- Just because you receive a letter from your lender demanding immediate payment doesn’t mean you have to move. Your bank has to prove its case in a foreclosure lawsuit against you.
- You have the right to have an attorney represent you if you are subject to a foreclosure lawsuit.
Wonder what happens if you don’t hire a lawyer?
- You stop paying your mortgage;
- The bank or you lending institution starts a foreclosure lawsuit;
- You do nothing. The bank obtains a court order between two and three months allowing it to foreclose on your property;
- You are evicted in three to four months.
Still wondering whether a lawyer can help? Consider this:
- You stop paying your mortgage;
- The bank or you lending institution starts a foreclosure lawsuit, a lawyer will make your bank or lending institution prove its case. Does your bank even own the loan?
- You can stay in your house for months, even years more without paying your mortgage.
My strategy is not to defend you simply by postponing a final judgment of foreclosure against you. Your case moves more slowly because your financial institution has to go through formal discovery and prove that it can foreclose on your properly. Here are a few of the ways that I can defend you:
- Dispute the amount owed. Banks often make accounting mistakes about the amount owed. Is the amount of interest you owe correct? Did they add fees that are improper?
- Standing. Often the bank suing you isn’t the same bank that you executed your mortgage with. They may not have their paperwork in order proving that they actually own your mortgage.
- Failed to make good on certain legal requirements. Were you served properly? Did they give you the opportunity to cure?
How you benefit:
- You stay in your home for an extended period of time without making mortgage payments. You may make back any legal fees that you paid within weeks. You will benefit even if you have no defenses to the lawsuit.
- If the lending institution can’t prove that they own your loan, you may be able to avoid foreclosure.
- The bank may be willing to negotiate a settlement with you. Banks know that foreclosure can be risky. They don’t want to be in the real estate business. During foreclosure, they may decide to offer you loan modification, even if you didn’t qualify previously.
How much does it costs to hire a lawyer?
- Unlike other law firms, many who charge by the hour, I charge a flat rate, up front, with no hidden fees. You can even pay by Paypal. Here are your options:
- 1. $750 to negotiate a settlement before you answer.
- 2. $1500 for a maximum of 6 hours of work.
Contact me at the Law Office of Frederic R. Abramson at 212-233-0666 for a free consultation.
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