How To Decide When You Need The Foreclosure Attorney Houston Homeowners Recommend

By Henry Olson


Homeowners get behind on their mortgages for all kinds of reasons. It can happen when a job loss, illness, divorce, or death strikes a family. In other cases, homeowners believe that the lender has made critical errors that adversely affected their mortgage and put their credit in jeopardy. In order to sort through what can become a very complicated process, it may be necessary to contact a foreclosure attorney Houston homeowners recommend.

When you send in your payment, you trust that the loan servicer will post it correctly. This doesn't always happen. Clerical errors are possible, especially when account numbers are similar. Some service companies charge outrageous, and often illegal, late fees that can cause homeowners to get even farther behind on their mortgages. Keeping up with your paperwork can make the difference between a successful claim and a failed one.

Lenders must go through a strict set of procedures before and during the process of foreclosing. If they don't follow the legal steps, you may have cause to block the procedure. Not every state has the same laws, so you will probably need a lawyer to sort through the rules and regulations.

Loans get sold and transferred periodically, and it may be that a previous lender is attempting to remove you from your home illegally. If the servicer, trying to force you out, doesn't actually own the loan, you certainly have the right to rebut the claims. In this case, you will need a lawyer to investigate whether or not the lender can prove it owns your mortgage.

The active military has protection against foreclosures that is provided in the Servicemembers Civil Relief Act. Lenders are not allowed to begin proceeding against a soldier, who took out a loan prior to going on active duty, without a court order. A military family having issues with a lender should contact a lawyer familiar with this act.

Getting a loan modification is one way delinquent homeowners try to forestall foreclosures. If you have applied for a modification, and the lender is processing it, the foreclosure process must be stopped until a decision is made. Until a few years ago, a lender was allowed to consider the loan modification and continue foreclosing at the same time. This is not true today.

If you decide you want to stay in your home until the foreclosure process is completed, you have a right to do so. In certain states with rights of redemption laws, you may be able to live in your home for years before the process is complete. You only need a lawyer in this instance if the lender changes the locks or otherwise prevents you from entering the house.

You do have rights and recourse if you are the victim of a lender's errors or illegal practices. In order to keep your home, you may have to retain the services of a good lawyer familiar with foreclosures. It will be worth the money though, if you end up keeping your home and family together.




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