If you live in Miami and are facing foreclosure of your home, you either have to decide whether you will fight for your home, or simply let the bank take back your home. Each case is different, depending on your goals, financial situation and desires. If you decide to fight for your right to stay in your home, you will likely need a Miami foreclosure attorney to assist you through the process. But, how do you know if you actually need a foreclosure attorney to litigate on your behalf? Here are some tips:
You Have a Valid Defense and Have Decided to Stay in Your Home
If you feel like you have a valid case against the foreclosure and have no legal expertise whatsoever, you will likely need a foreclosure attorney to explain the legal process and assist you with the case.
Foreclosures can be very complex and often difficult to navigate, especially when you have limited legal knowledge. Having someone to explain the legal process improves your chances of understanding the legal process and winning the case. For instance, experienced Miami foreclosure attorneys are able to:
- Evaluate whether proper procedure for the foreclosure was followed by the loan servicer. In a foreclosure, there are very specific state guidelines that must be followed. Sometimes a mistake made by the lender can result in the entire case being dismissed. A competent Miami foreclosure attorney can easily determine if your rights were violated.
- Sometimes loans are bundled and securitized. The party attempting the foreclosure may not actually own the loan. An experienced attorney can help determine whether the specific loan provider actually owns the loan.
- It may be possible that your loan servicer made serious errors on your account. Many times, funds can be misapplied to your account, unreasonable fees may be charged, or payments you made may not have been properly credited to your account. A foreclosure attorney can help guide you through this process.
- If you are an active member of the military, you have some special rules set up against foreclosure. For instance, your loan provider may allow you to stop paying the principal amount during active duty. In addition, you may have rights under the members’ Civil Relief Act. For instance, you typically cannot be foreclosed on while in active duty or within one year afterwards. Instead, the burden is on the loan provider to prove you are not on active duty and to obtain a court order approving the foreclosure before any action is taken.
- You may need help with the loan modification process. Attorneys can help with the loan modification process. Your bank may be stalling and attempting to process the foreclosure and loan modification at the same time. This is in violation of Federal law. This situation is called “dual tracking.” It is very hard to get your house back after a foreclosure has already occurred. This is a situation that needs to be handled before a sale.
These are all valid reasons why you may need to consult an attorney. If you fall into one of these categories, don’t try to fight on your own. Instead, contact a Miami foreclosure attorney today.