Understanding Lawyers - Don't Think the WorstUnderstanding Lawyers - Don't Think the Worst


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Understanding Lawyers - Don't Think the Worst

I got into a car accident when my daughter was 2 years old. My daughter was not injured in the crash, but I was. The accident was caused by a distracted driver talking on her cell phone. The driver insisted that I was attending to my daughter and I took my eyes off the road. I unfortunately had many medical bills to pay and I had very little time to fight with insurance companies over settlement payments. I was concerned about the cost of an attorney, but I met with a lawyer anyway to help with the accident claim. The lawyer relieved my stress and dealt with the insurance company and the other driver. I want you to know that lawyers can be helpful, kind, and caring. Most people think the worst of these professionals, but I want you to know that lawyers should not be feared or avoided.

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Quick Overview Of The Three Defenses You Can Mount Against A Foreclosure

If you were recently served with a foreclosure notice, you need to contact an attorney who specializes in foreclosure defense right away so that you can start to build your defense and save your home. Here is a quick overview of the three defense strategies that you should discuss with your attorney in order to save your home.

#1 Standing

The first defense that you need to look into is if the party that is issuing your foreclosure notice actually has the legal standing to file a foreclosure notice against you. The party who actually holds the mortgage note to your house has to be the one that issues the notice against you.

For example, if the company that holds your mortgage note has changed names but did not issue you a new note under the new name, then the new company does not have the authority to issue you a foreclosure notice. This is detailed work that your attorney can look into and figure out if this strategy will work for you.

#2 Breach Of Contract

Your second defense is that your lender breached your contract. Your contract spells out specific steps that your lender has to take should you miss a payment and notifications that they have to send if you miss payments. If your lender failed to meet any of the notification conditions or other conditions of your contract, then they will have breached your contract and do not have the legal right to foreclose on your home. Missing a single step can breach your contract and allow you to save your home.

#3 Lack Of Evidence

Your third defense strategy is that the bank does not have the evidence to go forward with a foreclosure. There are specific types of evidence that your bank will need to have in order to move forward with a foreclosure. Ask your attorney to examine the evidence that the bank has, and see if there is any evidence that is missing. Even a single missing piece of evidence, such as a notice that was never sent, can damage their case against you. If there is, then your attorney can use the lack of evidence as a means to get your foreclosure thrown out of the courts.  

It is crucial that you and a real estate attorney (like one from Souders Law Group) closely examine the foreclosure notice and look for any holes in their stance, such as a lack of standing or evidence as well as a breach of contract in order to mount a defense against your notice and save your home.