Category: Foreclosures

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Law: Basic Questions to Ask When Hiring a Criminal Lawyer

If you are in need to legal help, you might find yourself in a tricky situation. Finding the right legal representation is not always easy because you might not have a good understanding of what kind of information you need to make a good decision. There are a range of good questions to ask when hiring a criminal lawyer and it all begins with you.

When you are trying to find a representative to handle your case, one of the most important inquiries begin with the type of cases that they have had in the past. You will need to know if they have dealt with situations like yours before. A representative who has done so on many occasions will have a better idea of the proceedings and what you can expect.

You will also need to know how much your representative will charge for helping you in court. If the fees are above your financial limit then you might want to seek alternative advice. There are those lawyers who are able to take on cases for less money but you must also remember that the best ones often charge more for a reason.

When you take on such a representative, you will want to find out who is going to be representing you within the firm. The representative that you speak to is not always going to stand beside you in court. It might be best to find out if they will be dealing with your case personally or if they are going to be handing it over to someone else.

Many people who have to be involved in cases wonder whether or not they have to join the representative in court. Although this is sometimes necessary, it is not always so. Most of the time your representative will simply go through the proceedings and you can sit back and wait for the verdict.

Another important piece of information that you will need to know is whether or not your representative will still be on your case if you choose to turn down a plea bargain. You will want to have information concerning the consequences of pleading not guilty and how the representative will then proceed. You might find that this is the best way to win your case.

Finding a good representative is not easy and you need to ensure that you trust the representative that you have. If you do not trust your representative then he or she might not be able to get information from you that they need to properly handle the case. If you have trust in the person representing you then you will also be able to handle the case in a calm manner.

Going to court is never a fun experience and being fully prepared is a necessary step to getting through the entire procedure and getting the best possible results. A great representative will have the necessary skills to take your case on and ensure that they do a proper job. This is especially comforting if you do not know about legal procedures and the consequences involved.


Foreclosure Law & Judicial Foreclosure Process

Foreclosure processes are different in every state. If you are worried about making your mortgage payments, then you should learn about your state’s foreclosure laws and processes. Differences among states range from the notices that must be posted or mailed, redemption periods, and the scheduling and notices issued regarding the auctioning of the property.

Generally, mortgage companies start foreclosure about 3-6 months after the first missed mortgage payment. Late fees are charged after 10-15 days, however, most mortgage companies recognize that homeowners may be facing short-term financial hardships. It is extremely important that you stay in contact with your lender within the first month after missing a payment.

After 30 days, the borrower is in default, and the foreclosure processes begin to accelerate. If you do not call the bank and ignore the calls of your lender, then the foreclosure process will begin much earlier. Once properties are sold through an auction, families have a small amount of time to find a new place to live and move out before the sheriff issues an eviction.

Because of today’s difficult economic climate, falling behind on mortgage payments is a common problem for many people. If this happens, the lender will eventually begin the process of foreclosure. Depending on the state laws where the property is located, the type of documents used in the loan, and the terms contained in the documents, banks may pursue a judicial or non-judicial foreclosure process. Typically, if a mortgage is used to secure the lien on the property (as opposed to a deed of trust), judicial foreclosure will be used by the lender to take the property back. The judicial foreclosure process is a lengthy and difficult one, requiring expertise. If you are facing this situation, contact an experienced foreclosure lawyer today.

How It Works

In a judicial foreclosure, the lender must first file and win a lawsuit for the right to foreclose. Therefore, this process can take several months to a year. If a borrower defaults on a loan, the lender can file court proceedings to seek a judgment for the money due. The judgment allows the property to be sold in a foreclosure sale. The process is as follows:

-Notice of Intent

-Notice of the Lawsuit

-Response from the Borrower

-Notice of Intent to Sell

-Foreclosure Auction


What You Should Do

 It is important that you answer the lawsuit that the bank files against you as soon as possible. Although most answers are filed as a proper legal document, some courts will accept almost anything as an answer…even just a letter from you as the homeowner explaining why you are behind and requesting more time to work out a solution. If you do nothing, however, the bank is able to get a default judgment and have the home listed for auction very quickly. If you act just as quickly and mount a defence, you can often receive several additional months to stay in your home mortgage free. This is because the burden of proof is on the bank to show that you are behind on your payments and that they have the right to collect on the loan. It may be the case that you have fallen behind, but the company suing you has no real legal right to the payments anyway, and the lawsuit can be thrown out or severely delayed, depending on the circumstances.

Get Legal Help

 Don’t become one of the many who have lost their homes because of complacency or lack of knowledge. There are solutions to foreclosure, if you act quickly and with determination. The key is to involve people who will guide you through the process and help you keep your home, so contact an experienced and knowledgeable foreclosure lawyer today!