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The delicate process of foreclosure and how foreclosure attorneys help
Posted: Aug 24, 2015
It is not every day that you hear about foreclosure lawyers. This is until there is an economic depression and people are facing foreclosure. This is often a traumatizing experience that many have to go through. You read their stories in the newspapers and watch them on TV. Sometimes the mortgage companies are not particularly fair when they foreclose an individual. This is why a lawyer always comes in handy. Did you know that you can avoid foreclosure by simply seeking out the help of a legal professional? A foreclosure attorney is going to help you figure out the way forward with your case. They can also negotiate with your lender to avoid the undesirable consequences of a foreclosure sale.
Process of foreclosure
The foreclosure process is generally the same in most states with a few disparities here and there. If you do nothing to prevent it, a foreclosure will take the following steps:
- The lender will try to contact you to find out why you have not made payments. They will send you a notice of default and demand payment.
- The lender will then hire an attorney who will file a foreclosure complaint in a court of law and it is the court that will send you a copy of the complaint giving you time to file an answer. The time is usually about thirty days.
- Your lender’s attorney will file a motion for a default judgment and the court grants the motion as well as issue an order of sale to the sheriff.
- The value of your home will be determined by an appraiser sought by the sheriff who then advertises a foreclosure sale. It could be public auction of your house.
- When the sale is complete you will get a notice of the same, the court passes a judgment of sale and orders that the buyer gets a new deed. It is at this point that you can be evicted from your home by the buyer.
- Even after eviction you will still have to pay the difference between the foreclosure sale price and the amount you owed to the lender. To do this the lender has to obtain a deficiency judgment.
It really is a tricky affair and that is why you need to get in touch with the best foreclosure attorney in Queens to advise you on the process.
What does the attorney do?
Before going any further into this article it is worth pointing out a foreclosure lawyer will not simply defend you during the foreclosure proceedings but will also work with your lender alone to determine an alternative to the foreclosure. This is the main task that the attorney will be tasked with. At times they will work together with a certified housing counselor to do find you a better alternative.
On top of this, foreclosure lawyers do a thorough examination of the terms and conditions of the purchase agreement you have between you and the lender. He/she will also analyze your personal and financial situation. This will help in determining your failure to make the timely mortgage payments including any circumstances that may explain you default for instance an illness or loss of job.
What should you do?
The best thing that you can do when you are facing foreclosure is to get in touch with a lawyer as soon as possible. The options available for helping you will depend on how early you seek out the lawyer in the process of foreclosure. The options available for your attorney diminish the longer you wait. If you receive a notice of foreclosure today, get in touch with the finest foreclosure attorney in Queens, it will be of great help to you.