A Foreclosure Attorney Can Help

A significant part of the American dream is to achieve homeownership. In particular, many families look forward to homeownership and passing that property on to their children. Yet, so many Americans are living pay check to pay check and struggling with fluctuating interest rates and the terms of repayment on their mortgage loans. Due to extenuating financial responsibilities of utilities, car payments, education, and sustenance, families fall behind on payments and end up in default. After loan principal and interest have not been paid and communication on repayment options relinquished, the bank and lender can begin the foreclosure process. This is when the property is either seized or sold. The objective of a foreclosure attorney is to halt the process along the foreclosure timeline so that the homeowner can live in the property, while exploring and attempting a repayment plan.

The requirements and timing of a foreclosure attorney varies from state to state. The largest determining factor is the different types of foreclosures the state could initiate. There is the judicial foreclosure, which involves court-issued notices of late payment. After the grace period, the property can be sold. This can take over a year to finalize. The power of sale foreclosure occurs as a result of a clause was included in the actual mortgage agreement. During this process, the lender carries out each step of issuing multiple notices of missed payments, but only for a specified period of time. After which, the local court or sheriff's office is given permission to sell the house at auction. Lastly, the quickest and harshest process is known as the strict foreclosure. Only a few states allow this type, but it accompanies a lawsuit against the default homeowner and if the court-ordered date of repayment is ignored to the point of mortgage owed exceeding the value of the home, the home returns to the lender. This entire non-judicial foreclosure process can occur in as little as two months from the final notice.

A foreclosure attorney has to first determine what type of home repayment/repossession process he and his client are dealing with before approaching the bank, lender, or local courts with negotiations. There are three types of these lawyers: there are those who work with real estate, consumer protection, and bankruptcy. Your choice of lawyer can work with your lender to help you meet their requirements or help you with the highly technical process of filing for either Chapter 7 debt relief or Chapter 13 repayment plan. On one hand, if your Chapter 7 filing is granted, you will be allowed to relinquish some of your other high debt and therefore, make reasonable mortgage payments. On the other hand, if your Chapter 13 filing is accepted, you will be able to repay your mortgage over several court appointed and lender agreed upon years. So, as long as you speak to your lender, bank, and foreclosure attorney early, you should be able to avoid a lot of headaches, while preparing yourself for whichever outcome.

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