Important questions to ask your foreclosure defense lawyer
With the foreclosure crisis hitting Florida in 2008, numerous new foreclosure defense attorneys opened firms regularly. The number of billboards seen everywhere in the state and the increase in the name of television commercials created by attorneys draw in more clients is proof of how accessible foreclosure defense attorneys have become. Most attorneys are qualified to handle foreclosure cases, but when dealing with foreclosure, you need a right attorney.
The
following questions will help determine which foreclosure defense attorney near
me is a good fit for you:
How Many Foreclosure Cases Have You Litigated in Court?
Florida
is a judicial foreclosure state, for one to foreclose, a lender must file a
lawsuit against the borrower and present them before the court. It is vital to
question whether the foreclosure defense lawyer has appeared in court and
litigated against any big mortgage companies. Filing a bankruptcy case
is not similar to suing in court. Ensure that your attorney has the necessary
experience to improve your chances should you have to defend your case in
court.
Is Litigation the Best Foreclosure Defense?
Despite
your lawyer having the necessary experience litigating foreclosure cases in
court, one must understand that this may not be the path for you. If you are a
victim of illegitimate charges or fraud, one most likely will have to go
through litigation. However, if there is a better option, such as filing for
bankruptcy, work with a lawyer who will advise you on this option.
How
Often Do You Attend Classes and Seminars Regarding Foreclosures in Florida?
The
laws involving foreclosures in Florida vary a lot. Foreclosure cases that
handled in the past five years must be handled very differently now. Make sure
you are working with an attorney who is up to date with these constantly
changing laws, as they could be very relevant to your case. a lawyer unfamiliar
with these laws will pose severe problems for your defense, and you could end
up losing your home.
Are
You Licensed to Practice in Florida?
Just
because you are speaking to a foreclosure defense lawyer in Florida, does not
mean they are licensed to practice. Lawyers have seen the foreclosure crisis in
Florida as an opportunity for them to bring in more business without legally
practicing law. These lawyers may be able to negotiate with lenders for you,
but should your case end up in court, you could find yourself in a great deal
of trouble. You will have to find a new Florida foreclosure
defense attorney, and by that point, you may be running out of time in your
case.
What
Approach Do You Use When Defending a Foreclosure Case?
Several
approaches can be used when defending a foreclosure. One can choose to fight to
stay in their home and obtain a loan modification, file for bankruptcy, or even
present your lender with the idea of a short sale. These are just a few of the
options you have if a lender starts foreclosure proceedings against you. Your
lawyer may suggest all of these, or one. Ensure that your lawyer will present
you with several options, even if they recommend a particular one. Make sure
you avoid the foreclosure complaint Florida
that seems to be on the rise. Be sure to ask about the Florida foreclosure
counterclaim, always be in the know.
How
Often Will You Update Me About My Case?
It
is a relief to hand over your case to a well-experienced attorney and know all
the details will be taken care of. However, any attorney must keep you up to
date on the status of your case and any minor changes as soon as possible.
One
of the most common complaints against lawyers is that they take a case rarely
communicate with the client. When they get an update on their situation or have
a question, they only talk with a paralegal or an associate. Frequent
communication proves that your case is getting the attention it deserves.
What
Is Your Fee Structure?
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