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

By Henry Olson


A home is a huge investment for most people. Sometimes illness, job loss and divorce can cause a homeowner to get behind on payments. Occasionally, some become victims of lender errors or malpractice that threatens ownership of their houses. Foreclosures can occur even when homeowners are current on their payments. If you suspect something like this is happening to you, contacting a foreclosure attorney Houston homeowners recommend is important.

Although most loan servicers have checks and balances to reduce errors, they can and do make mistakes. Similar account numbers and payee names can be the source of errors. Exorbitant late fees are a tactic some lenders use to try and force homeowners to pay on time. They may also attempt to charge fees that are not legally allowable. It is critical that you keep every written notice, email correspondence, and certified letter between you and the lender.

When lenders do begin foreclosing on properties, there are procedures they must follow. If they fail to do so in a significant way, you may have a case. The procedural laws vary from state to state, and it will take a good lawyer to trace the steps in order to determine if the servicer made serious errors.

Your original lender may sell your loan, in a package with others, at some point. This can get complicated, and previous lenders have begun foreclosure proceedings against homeowners whose loans they no longer hold. If you suspect this is happening to you, you should contact a lawyer to make the previous lender suing you prove ownership of the loan.

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.

Sometimes lenders will continue a foreclosure proceeding at the same time they are reviewing a loan modification you have submitted in order to prevent the lender from foreclosing. This was common procedure in the past, but several years ago laws were passed to prevent the practice. Some servicers will also try to stall the modification process in order to pursue foreclosing. You need a good lawyer to sort through the laws that may apply.

A lot of delinquent homeowners believe once the lender starts foreclosing, they have to leave the property. This is incorrect. Until the foreclosure proceedings are officially completed, the home is still yours. If you want to live there, you can. In some states, the rights of redemption laws make it possible for homeowners to live in foreclosed homes for years. You probably don't need a lawyer in this instance unless the lender attempts to remove you or changes the locks.

Losing a home is a difficult experience no matter what the actual cause. If you have been wrongly targeted by a lender, you need to do something about it. You probably can't handle the complexities however, without the help of a good lawyer.




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