Do you really need a St Petersburg Florida foreclosure attorney if you are facing foreclosure? It’s a fair question to ask if you are already facing financial dire straits and today we’re going to give you an honest answer.
Advice From a St Petersburg Florida Foreclosure Attorney
If you are facing foreclosure in St. Petersburg, Florida, then you may be wondering if it’s worth the investment to hire a foreclosure attorney. After all, you don’t exactly have superfluous cash at the moment! But investing in a foreclosure attorney could turn out to be the best thing that you could do for yourself and your family. Allow us to explain.
When a St Petersburg Florida Foreclosure Attorney is Worth the Investment
There are a number of circumstances where hiring a foreclosure attorney is to your advantage, these circumstances are listed below.
If You Want to Keep Your Home and Have a Defense Against Foreclosure
There are instances where a homeowner may have a valid legal defense against foreclosure, in this instance if the homeowner wants to keep possession of their home, an attorney can assist.
Some of the justifiable defenses that may be presented against foreclosure include the failure of a loan officer to follow through the appropriate foreclosure process, the party foreclosing on your home having no proof that they own your loan or the servicer of your loan making significant mistakes when processing or crediting your account.
In each of these instances, it can only help to have a legal professional on your side to speed up the process of getting your account trouble rectified.
If You Are in the Military
If you are an active member of the military the Servicemembers Civil Relief Act (SCRA) provides some protections against foreclosure. Although these protections exist, it can be difficult to read through all the details of the SCRA without legal experience so it’s best to hire a professional to guide you through the process. In this instance, your attorney will not only ensure that you understand the ins and outs of the SCRA, but they can also ensure that your mortgage company is following all of the rules!
If You Need Help to Modify Your Loan But the Bank is Dual Tracking or Stalling
If your mortgage issuer is pursuing foreclosure while also processing your loan modification application (this is illegal) or if they are simply stalling the processing of your application, it’s a good idea to invest in a foreclosure attorney. In this instance, you need to act immediately before the foreclosure happens and a legal professional is much more likely to get things done swiftly.
When it May Be Better to Go It Alone
Although it’s generally the best plan of action to have a lawyer on your side for any type of legal proceeding, there are some instances where you may want to decide to “go it alone”. In these circumstances, it doesn’t make financial sense to commit to an attorney with money that you can’t spare. These situations are listed below.
When You Want to Stay in Your Home During the Foreclosure Process
Your home is YOURS until the date that the foreclosure takes place which means that you are legally permitted to stay in your home until that day. In some states, you may also stay beyond this date in what is known as a redemption period, unfortunately, this is not the case in Florida law.
If You Can’t Afford to Stay in Your Home and You Don’t Want to Keep It
If you find yourself in over your head, unable to make your mortgage payments and no longer wanting to keep your home, save money by not hiring an attorney. Rather than spend your money on attorney fees and legal consultations, put it towards finding another living arrangement.
If You Have No Legitimate Defense Against the Foreclosure
If there is no justifiable defense against the foreclosure, you don’t need to hire legal representation. In these instances, for example, you just aren’t paying your mortgage, an attorney would be unable to assist you because the foreclosure process is justified.
If You Want to Get More Time in Your Home By Submitting a Loan Modification Application
If you are simply needing to buy more time in your home you can do this by submitting an application to modify your loan. By law, a mortgage lender may not foreclose on your home whilst evaluating your loan modification application.
Worried that you might run into trouble while filling in the application? Free help is available to you through the U.S. Department of Housing and Urban Development
If You Want to Get More Time in Your Home or Find an Alternative to Foreclosure Through Foreclosure Mediation
You might be able to get more time in your home that is facing foreclosure or find an alternative to foreclosure by taking part in a foreclosure avoidance mediation program.
In most cases, foreclosure will stop for the period that you are in mediation.
The result of this mediation varies but may include a short sale, loan modification, or deed in lieu of foreclosure.
In most instances, you do not have to have a lawyer to help you go through the mediation process since by law the party foreclosing on your property are required to furnish you with information on mediation
Need a St Petersburg Florida Foreclosure Attorney on Your Side?
If you are facing foreclosure in the St Petersburg, Florida area and could use a foreclosure attorney on your side, pick up the phone and call Weidner Law today at 727-954-8752. We fight foreclosure to keep you in your home!
