Foreclosure is a tough situation. The stress that you undergo with the thought of losing your home can be overwhelming, and when you are trying to find means on how you can possibly prevent that from happening, you may also be thinking that you can survive the situation without having to hire a lawyer.
The Value of a Long Island Foreclosure Attorney
For most foreclosure cases, it is definitely worth reaching out to a reliable Long Island foreclosure attorney. You need to understand that not all foreclosure cases are the same, and that there are many of them that only a skilled foreclosure attorney can win in court or at least make sure that the lender would want to take anything offered to him. However, it also pays to know that most defenses can happen in court either with you defending or with you filing a counterclaim. When action needs to happen in the courtroom, your lawyer, of course, would be the best person to defend your interests.
Some Cases Where Your Long Island Foreclosure Attorney is Valuable
If you are experiencing the following or you have serious belief that they are happening, it is best to contact your foreclosure attorney immediately:
Your lender was not able to follow lending procedures properly.
If you believe that the loan company that lent you money made an error with your account, has charged you unreasonable rates and fees that are not allowed by law, wrongly processed the funds that you have transferred, or has changed your mortgage’s terms and conditions without your knowledge, then you have a good defense against foreclosure. Your lawyer would be able to conduct an investigation regarding this and possibly urge you to file a counterclaim.
The foreclosing company would not be able to prove that your loan is theirs.
There are some cases wherein mortgage can be bundled or secured with other loans, and when that happens, it can be difficult to find out who owns your loan. If the foreclosing company that is trying to secure your home is having difficulty in proving that you owe them money, it is possible that you can use that in your defense.
The lender forcibly changes the locks and evicts you prematurely.
You would definitely need the help of a Long Island foreclosure attorney if you are being forced out of your home and the foreclosure process has not been granted yet. You also have the right to remain in the property as long as it is still out in the market and has not been sold yet. If you are being forced to leave or the lender has been taking out your personal belongings from your home, then your foreclosure attorney can help you pursue a counterclaim.
You are having difficulty securing a loan modification because the bank refuses to cooperate.
You are entitled to a negotiation for new loan terms in order for you to keep your home under payment schemes that work with your financial capabilities. However, if you find out that the lender is stalling or resolving to dual track (a practice of foreclosing your home even though they are appearing to work with you on a loan modification) your loan, then a Long Island foreclosure attorney can definitely help you fight back with the claim that the lender is violating federal laws against dual tracking of loans. That would help you buy some time in negotiation and also allow you to have greater chances of securing a better loan before your home gets sold.
Keep all those in mind to make the right decision on whether you should hire a lawyer.