Facing a foreclosure is daunting. After putting so much effort into becoming a homeowner, the prospect of losing your house is dispiriting. If you want to keep your home, it’s important to speak with a real estate attorney. Richard T. Bowles and Michael P. Verna have helped clients fighting foreclosure in the San Francisco Bay Area from their law office in Walnut Creek, CA.
Below, we want to consider the role a foreclosure attorney plays in cases. This should help you understand how an attorney can help and the importance of finding a good foreclosure lawyer.
Is an Attorney Necessary for Fighting a Foreclosure?
If you intend to keep your home and contend the foreclosure, it’s in your best interests to work with an attorney. They can help you understand your legal options and what challenges you may face while fighting to retain your home.
Additionally, a lawyer will be familiar with the specifics regarding foreclosure laws in your state, which will be essential when trying to retain your home. It cannot be understated how important correspondence and negotiation through a lawyer can be. This often demonstrates to the servicer that you are serious about keeping the home.
When You Should Consider Fighting Foreclosure
There are a few reasons why you should consider a legal fight over the foreclosure of your home. These include the following:
- Proper foreclosure procedures were not followed
- The foreclosing party cannot prove it owns the loan
- The servicer made serious mistakes with your account
In addition, active duty military personnel have legal protections against foreclosure. Your lawyer can go over the Servicemembers Civil Relief Act (SCRA) in more detail and ensure that the servicer is in compliance with this law.
How a Foreclosure Attorney Can Help You
A foreclosure attorney can help in a number of ways. In addition to knowledge of California foreclosure law and the SCRA, an attorney can do the following:
- Assist with loss mitigation to help you stay in the home (e.g., loan modification, forbearance agreement, repayment plan)
- Help prepare documentation for any method of foreclosure resolution
- Be a knowledgeable presence during the negotiation process with a servicer/lender
- Audit the loan to determine if you were the victim of predatory or unethical practices
- Stall the foreclosure to give you and your household more time
Having a skilled foreclosure attorney on your side can lend credibility to your cause, and will always be preferable than going it alone.
How to Pick a Skilled Foreclosure Lawyer
If you’re in need of a foreclosure lawyer, you may want to start with a referral from a friend, family member, or colleague. If they dealt with foreclosure woes in the past, they may be able to recommend their attorney to you.
If you do not have any referrals or recommendations, you can start your search online. A Google search for “Bay Area foreclosure attorneys” will yield plenty of lawyers and law firms. Do your research on all legal professionals who come up, checking for client testimonials and reviews. Be sure to meet with multiple promising foreclosure attorneys to ensure they are trusted, reputable, and can offer you the help you need. From that pool, make the choice that’s right for you.
Contact Our Team of Real Estate Attorneys
If you live in the San Francisco Bay Area and would like to learn more about your legal options when facing foreclosure, be sure to contact our team of real estate lawyers. The attorneys of Bowles & Verna LLP can be reached in Walnut Creek by phone at (925) 935-3300.