Pages

Friday 28 October 2011

Foreclosure Attorney And Just How He Can be of Help

By Frank Edwards


Your foreclosure attorney must positively read your mortgage contract before your sign it. This legal advisor is exactly the one who can assist you with a proper foreclosure process. Only competent attorneys understand the law and the jargon related to it, and he will firstly help you in understanding the important areas of your case. Thus, you are going to certainly need him to translate it for you in a way so that you exactly understand the conditions and terms. They even assist you to by describing the process for pre-foreclosure, as well as give you options through which you can avoid foreclosure. All together these attorneys help in saving your home, simplifying the foreclosure process.

In finding incomplete or missing paperworks, the role of lawyers in the foreclosure process play a big role, particularly in those states that require banks to go to court to get a foreclosure order. In these states, banks are required to produce a notarized affidavit of a loan officer and submit the mortgage documents. Those records, though, are difficult to produce, thanks to the securitization craze.

A foreclosure starts when a loan provider files court action and records a notice of a pending lawsuit. If the borrower will not respond to the foreclosure complaint within the allocated 20 days, the county clerk will find the borrower in default and the lender can ask the court to make a final ruling in the foreclosure case. If the court rules against the borrower, the ruling will include the total amount owed to the loan provider and the foreclosure sale date. The foreclosure sale date is usually 20-35 days after the court ruling, but this may differ depending on the individual court. Within 10 days of the foreclosure sale, the clerk moves ownership to the winning bidder. In most instances, a borrower has no right of redemption after the certificate of sale is issued in a foreclosure auction.

If a sale really does take place, the property will be offered through a public auction open to anyone who desires to make a bid. Public auctions usually are held on the property or at the courthouse in the county where the property is located. The trustee must make a statement regarding the sale to the court including an accounting of the sale. After the sale has taken place, but before the court has ratified the sale, you could file objections if the sale was improperly conducted. Only after the court ratifies the sale can the new owner petition the court to have you evicted from the property if you are still living there.

A foreclosure attorney from well-known law firm has an experience of a substantial number of years. Foreclosures can be overwhelming, stressful, and confusing - and the great majority of people experiencing a foreclosure are largely unfamiliar with the process and the timeline. A dedicated and experienced foreclosure attorney will help you navigate your situation, draw up an action plan, and find the best answer for you and your family.




About the Author:



0 comments:

Post a Comment