Legal Help And the Dos And Don’ts When Facing a Foreclosure

  • By:David Bate

Real Estate Lawyers

No one wants to be the victim of having their home foreclosed on. Unfortunately, if you struggle to make your mortgage payments and fall behind, you will likely receive a letter stating your home will be foreclosed on. This is the legal process that ensures the lender can sell your house to recoup the debt that you owe them. Attorneys know that an impending foreclosure can be highly distressing, but this does not have to be the end. They fight for clients to see if there are any defenses they can use to avoid foreclosure, and we treat you and your situation with dignity and respect. If you have any questions on the process of home foreclosures or if you would like to schedule an appointment with an attorney, call a law office now. If you would like to read more about the Dos and Don’ts of the foreclosure process, read on.

What You Should Do

There are many steps to take when your home is being foreclosed on. Some of these are:

  • Do Learn the Process. Depending on the state you live in, you could have a judicial or non-judicial foreclosure. By learning the differences and how you can prepare, neither process will surprise you. We can also help you understand your state’s laws and protections.
  • Do Contact Your Mortgage Servicer. Although this might not always work, if you contact your servicer when you believe you will start falling behind on your payments, you may be able to create a forbearance agreement.
  • Do Keep Records of Your Communications. When you speak with your servicer, always keep a record of when you made the call, the name of the representative you spoke with, and what you discussed.
  • See If Your State, City, or County offers Foreclosure Mediation. This can be a great way for the lender and the borrower—as well as a neutral third party—to discuss other options from a foreclosure.

What You Shouldn’t Do

Having your house foreclosed on can put you in a desperate position. Here is what you shouldn’t do:

  • Don’t Assume Your Mortgage Servicer is Correct. Many servicers make mistakes during the foreclosure process, and this can be a great defense if you choose to fight the foreclosure.
  • Don’t Ignore Communication From Your Servicer. When your servicer calls you or sends letters, they can tell you different options you might have to avoid the foreclosure as well as timelines the servicer requires you to follow.
  • Don’t Wait To Save Your Home Until the Very End. The sooner you get started on trying to save your home from foreclosure, the sooner we can address your problems and devise defenses.

Get the Right Legal Help

While the list of Dos and Don’ts above can be extremely helpful, one of the best allies in your foreclosure process will be real estate lawyers Newport Beach, CA offers you can trust by your side. You can trust in the lawyers to work with you every step of the way to find the best thing to do in your foreclosure case.

Thank you to our friends and contributors at Terry Mudge, LLP for their insight into real estate law and legal help when facing a foreclosure.

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