Archive for October, 2014

A foreclosure lawyer in your own state is your best bet

October 25, 2014 1 comment

So many times I have potential clients tell me that they have hired an out of state law firm to help them get a modification and end their foreclosure case.  What is worse is that these out of state law firms appear to be recommended by some agencies or groups within the State that the homeowner is facing foreclosure.

First, Florida is a judicial foreclosure state.  That means you have to have an attorney representing you in the state you are facing foreclosure.  If you are counting on the out of state law firm to file anything on your behalf in a case think again.  Most often they will not, and then the homeowner is drug along believing they will get a modification.  Meanwhile, the court case is moving forward, and since no answer has been filed to the bank’s complaint, the bank will ask the Court for a default – meaning they win, case over.

Second, banks have been slammed with their antics regarding offering modifications (see my previous blogs).  When it comes to modifications they do not have your best interest at heart.  How many clients are told to resubmit documentation time and again that the bank says is now old (so they can collect another HAMP fee), and are strung along for years while bank employees are fulfilling quotas given to them to actually TURN HAMP FILES DOWN THAT ARE ELIGIBLE.  It is disgusting.

The bank often has no desire to work with the homeowner.  As the BOA employees stated in Massachusetts they want the foreclosure instead.  What incentive do they have to have a 2% loan on their books?  Even if they took federal money to do just that.

Be very careful.  And make sure that the Court case filed against you is answered.

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