How to prepare for your consultation with a foreclosure defense attorney:
Deciding whether or not to meet with a foreclosure defense attorney is not an easy choice.
With the rise in foreclosures over the years, and Florida being at the top for the highest total foreclosures in the nation, the number of foreclosure defense attorneys has risen drastically over the years.
Fernandez Law Group has been on the forefront of foreclosure defense, having helped many borrowers resolve deficiencies with lenders and get back on track to a healthy position with their finances. We understand money, banking, lending and the financial sectors that produce mortgages, foreclosures, and bankruptcy. We have been providing foreclosure defense solutions, loan modifications, short sales and deed in lieu of foreclosures prior to the housing market crash of 2007-2008.
When should I consult with a foreclosure defense attorney?
The economy has created a huge challenge for many homeowners across the nation, and especially here in Florida. With rising costs of healthcare, food, and utilities far exceeding wages, an increasing financial strain has been placed on citizens that often times becomes too difficult to bear.
As soon as you realize you're in a position where you are no longer able to maintain or afford your monthly mortgage payments, you should immediately begin consulting with a foreclosure defense attorney.
If you have defaulted on your mortgage or received a notice of foreclosure, you need to obtain legal counsel right away. Don't ignore the situation or forget about the paperwork you've received - acting as soon as you become aware of a potential problem will increase your options while you'll need as much time as allowed to put together a stronger defense.
With the federal Making Homes Affordable Plan and other initiatives such as the 2013 Streamlined Loan Modification program, you may be able to qualify for and receive a loan modification. And for those who don't qualify, we have found other offers from lenders of financial institutions for clients to take advantage of in order to keep them in their homes.
How should I prepare for my consultation with a foreclosure defense attorney?
As we've mentioned before, the sooner you act, the better your chances are for success. In order to help you achieve even more during your free consultation, it is recommended that you prepare the following information, and put it in chronological order by date:
Correspondence between you and the lender:
Any correspondence you've received from the lender or sent to the lender should be provided, including letters and emails. Phone conversations should be logged with date, time, who you spoke to, and what the call was about.
Bank statements, pay stubs and other financial documentation
Your attorney is going to need to have a look over your financial documents to help determine what options are available to you. These documents may also be used in order to demonstrate a financial hardship. Some options, including loan modifications will require having financial documents going back for several months in order to complete the application process.
Lawsuit paperwork and court documents
Any notice of foreclosure, foreclosure complaint, summons or legal paperwork including court documents if already in litigation will need to be provided.
Timeline of events
If you don't already have one, it will be easier to work on a chronological timeline of events once you've collected all of your paperwork, notes, financial records and documentation. Try to list the events which led to the financial hardship, when the default on the mortgage occurred, what attempts you have made, if any, to remedy the situation, and the correspondence between you and representatives of the lending institution.
Have your questions prepared in advance
Before you consult with a foreclosure defense attorney, try to have some questions prepared ahead of time. It also helps if you are able to determine whether or not you want to try to stay in your home or if you would consider selling it through processes including short sales or deed in lieu. Having an idea of what you want to do before you come in will enable your attorney to focus on achieving your desired outcome.
But don't worry - if you have no idea what your options are, or what choice to make, we are more than happy to help assess your current situation and outline all available options to you along with pros and cons for each possible solution.
The following documents are usually needed in foreclosure defense:
Notices from the bank:
- Copies of all notices of default or notices to cure from the bank
- Copies of any offers presented by the lender, including short sale or deed in lieu of foreclosure offers
Loan Closing Documents
- Copies of any Property Deeds
- Copies of any Notes for each loan
- Copies of any Mortgage or Deed of Trust for each loan
- Copies of any Closing Statements
- Copies of any SEC documents which show the claimed owner of the note
- Copies of any pooling and servicing agreements
- Copies of any underwriting agreements
- Copies of the bill of sale
- Copies of any trust indenture agreement
- Copies of any loan modification documents
- Copies of any documents filed in any lawsuits relating to any properties
- Copies of all discovery obtained or provided in any lawsuits
- Copies of any decisions made in any lawsuits
- A list of all documents filed in each or every lawsuit
From the County Clerk's Office you will need:
- Copies of any mortgages
- Copies of any assignments
- Copies of any satisfactions
If there were any Bankruptcies, the following documents are also needed:
- Going back 8 years, you will need any docket sheets from any bankruptcies related to any present mortgagors or note makers
- Names, addresses, and contact information for any mortgagors or note makers
If there were any loan modifications or forbearance applications, the following is also needed:
- Any correspondence between you and the lender regarding forbearance, loan modifications and etc. should also be provided.
Defending your home against foreclosure is affordable with our firm. And with our FREE Consultations, you have nothing to lose and plenty of information to gain to help you with your defense.
The cost of foreclosure defense with our firm is affordable even for homeowners in the worst economic position, and a much more affordable option then being foreclosed upon and leaving the home. This is why we strongly suggest seeking the advice of the Fernandez Law Group. We will assist you in preserving all of the legal options available to you through the judicial process of foreclosure, and fight to keep you in your home.
Each individual case is researched and analyzed to structure defense strategies to place you in a better position to remain in your home and/or enable you to have enough time to mitigate your situation through negotiations of possible Loan Modifications Programs, Short Sale, Bankruptcy, Deed in Lieu, Repayment Plans, and many other options you may not be aware of at this time.
At Fernandez Law Group, we analyze each client's particular case to develop a customized plan to defend the foreclosure proceedings. Our qualified attorneys will work directly with each lender to create options for homeowners who are or have fallen behind on their mortgage obligations.
GET HELP NOW!
Call or Text us today at 813-489-3222 for a FREE consultation.
Additional Foreclosure Defense Information:
Additional information about Loan Modifications:
Additional information on Short Sales:
Content authored by Gaston Fernandez
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