Foreclosure notices are scary to go through when dealing with a mortgage of a home or plantation. What is even worse is when all the documents have been filed for eviction. That is when the nightmare kicks into overdrive, and the nerves send a person into panic mode. The first thing the person needs to do is seek out the most experienced foreclosure defense lawyer to help them keep their plantation.
There are several documents the plaintiff will go through from the Clerk of Court office to file a lawsuit and evict the person who signed the mortgage. The plaintiff will go through the eviction process and documents, while the foreclosure defense attorney will counter with their research and papers.
The Eviction Process
Most lenders will allow 120 days to the plantation owners before the eviction process begins. Each month will come to a certified notice or document stating they have defaulted on the loan, and the document is called Notice of Default. Their final notice will be sent at the 120-day mark, and the lenders will take up the documents from the court, file a lawsuit, and begin the eviction.
Once the documents are filed in the court, the person living on the plantation will get the notice that the eviction process will begin, and they have 20 days to deliver a written response as to what they are going to do. The ideal thing to do is have the attorney ready from the first notice of default if you know you will have problems coming up with the mortgage. It is best not to wait until it reaches this point, but if you have not done so, now is the time to get the defense attorney to help you out of the foreclosure process.
The eviction document states that the parties living in the plantation have 30 to 90 days to get out along with their belongings. These documents are served by the process server, which is also a police officer. It is critical the same day upon receiving to deliver all these documents to the attorney. They may be able to counter the process after evaluating all the legal options.
What Can A Foreclosure Defense Attorney Do to Stop Foreclosure?
The lenders have their documents, which the attorney will review with a fine-tooth comb, but the attorney will also have their documents to counter in the courts. Which document they use depends on their findings. Some lenders make mistakes, and these mistakes are where the attorney will capitalize and countersuit. There are documents to the countersuit, which are also found and filed through the Clerk of Court office.
Some of the mistakes that the attorney may find are listed below. All of which will work in favor of the defense because it follows the same law as if a police officer forgets to read your rights. The case will be dismissed:
- If a default notice was not delivered;
- If the insurance or escrow payments increased by accident;
- If the taxes were not paid on time from the lender.
- If there were no notice of loss mitigation options to avoid foreclosure;
- If the loan modification process was denied unfairly.
Why Get a Lawyer in the Early Stages?
One of the things people do is procrastinate in these types of situations because they think they can get out of the situation on their own, perhaps. As soon as the first notice of default goes out, you should contact an attorney. An experienced attorney can help mitigate the losses and possibly get your mortgage lowered to more reasonable payment.
The attorney has a loan evaluator that covers homes in default. When a home is in default for years, an investment group has bought out the loan for pennies on the dollar. The attorney will go to the mortgage holder and negotiate the monthly payments and refinancing. This process is called “short pay negotiations.”
They cannot make the debt disappear, but they can lessen the burden in ways most people do not realize. These attorneys know the law in real estate, and they can hold back the lawsuits and still keep you in your home. The chances of fighting and winning are better with a defense attorney for foreclosure on your side in the early stages.
Waiting till the last minute can be critical, and possibly the attorney may not be able to handle specific outcomes as well as if you had gone earlier. The best advice is, do not wait until you get the eviction notice because their documents are already several steps ahead of you.