It is a fact that most of foreclosures in Massachusetts are non judicial thus requiring no prior lawsuits for the lender to foreclose on your mortgage. Whether judicial or non-judicial a foreclosure can be fought in a court of law. Foreclosure processes are complex and to stop one is not a light task to carry out, by involving an attorney in your case, increases your chances of winning the case. The most favorite bit of hiring an attorney if you are facing a foreclosure is that a defended case might take a year or two to be concluded thus extending you more time on your home.
Foreclosure Attorney’s services
The attorney will represent and defend you in your foreclosure proceedings; discuss other alternatives to foreclosure with your lender(s); your attorney will examine your mortgage and other documents related to your case, evaluate your foreclosure goals and your financial situation; identify alternative solutions to foreclosure(Loan modification, short sale etc); prepare a counter plan by bringing together available defenses and possible counterclaims; handle negotiations with your lender on your behalf and present your interests before the court and throughout the foreclosure proceedings.
What is expected of you during the free consultation with your potential foreclosure attorney?
To obtain optimum assistance at the initial consultation with a foreclosure lawyer: have with you a well detailed document demonstrating the hardships you are facing and are limiting your ability to make payments; revealing important entail of your case such as an unfair dismissal of your loan modification request among others; containing you mortgage application and letters you received following your missed payments; showing your responses to conversations with your mortgage service and a clear picture of what you are seeking to attain whether its loan modification, to settle a claim of predatory lending or to buy time or to avoid a deficiency judgment.
When to Hire a Foreclosure Attorney and the attorney’s fees
The most appropriate time to engage an attorney in your foreclosure is as soon as possible after you have learned about a potential foreclosure because the attorney’s assistance will be more promising then; the attorney will charge a fee for his service which can be from $500 to $3,000 or more depending on the difficulties surrounding your case and the time s/he has spent with you, your creditor and in court. After a successful defense by your attorney there are chances that your lender may be compelled to meet your attorney’s fees however that depends with Massachusetts state law and your mortgage agreement. If you can’t raise the fee, don’t give up before checking whether you qualify for assistance from the Massachusetts legal aid society and Massachusetts’ state and local bar associations which may have a list of attorneys willing to provide their services for free.
To find a foreclosure attorney in Massachusetts is an easy task as they are many and with different fee ranges and localities visit http://www.nolo.com/lawyers/foreclosure/massachusetts so as to find one depending on your interests such as your city and attorney’s fees.
Sources:
https://lawyers.law.cornell.edu/lawyers/foreclosuredefense/massachusetts
http://www.nolo.com/lawyers/foreclosure/massachusetts
http://www.lawyers.com/~/link.aspx?_id=36FCEAA0F97F4BF6ADD59C58F06CA5AA&_z=z