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Frequently Asked Questions

Do I need a foreclosure attorney?

If you are being sued in foreclosure, yes, you need a foreclosure attorney.  Most people do not know their rights and options when the bank sues them in foreclosure.  Many people are so ashamed of defaulting on the mortgage that the sense of shame and fear paralyzes them.  It’s their biggest mistake.  Don’t be ashamed.  Hire a qualified attorney instead.

Why do I need a foreclosure attorney?

Because you do not know your rights and options.  It makes sense to hire someone who does — a qualified foreclosure attorney to protect your rights and your assets.  “DIY” doesn’t work here.  If you are being sued in foreclosure, protect your home and family by hiring a qualified professional.

Should I hire a foreclosure attorney?

Yes.  Definitely.  If you are being sued in foreclosure, you should hire a foreclosure attorney — at least to do an in-depth evaluation of your loan and of your case.  Of course, not all attorneys are qualified to perform such an evaluation.  Therefore, you owe it to yourself to find and hire an attorney who is able to litigate “in-depth” and not just submit a modification application on your behalf. 

Why should I hire a foreclosure attorney?

Most people do not know their full range of options when the banks sue them in foreclosure.  An experienced, educated attorney provides the best defense to a borrower and gives you more options.  And, since there are deadlines and “cut-offs” in foreclosure actions, time is of the essence.  If you don’t use your rights and options, you often forfeit them irretrievably.

What does a foreclosure attorney do?

“Foreclosure attorney” usually refers to an attorney who represents banks and lenders in foreclosure actions. “Foreclosure defense attorney” usually refers to an attorney who represents borrowers and opposes banks in foreclosure actions by negotiating a modification or short sale on behalf of borrowers  — and by litigating against the banks/lenders. However, many borrowers when seeking an attorney to defend them in foreclosure actions search for a “foreclosure attorney”  although a “foreclosure attorney” usually represents banks.  Therefore, when this website says “foreclosure attorney,” it really means “foreclosure defense attorney,” since I represent borrowers mostly.

What is the most important thing I should do about the bank’s attempt to foreclose?

First, find and hire a qualified and honest foreclosure defense attorney and do not be paralyzed by a sense of shame or fear.  Then, formulate a plan based on the attorney’s expert evaluation of the case and your needs and start fighting back against the bank or negotiating with the bank from a position of strength for a modification.

How long a time does a foreclosure lawsuit last?

Times will vary, but if you default in the foreclosure lawsuit by not putting in an answer to the bank’s complaint, then the case will likely be fast tracked.  It will then only take a few months to a year for the bank to be authorized to sell the property, usually. You don’t want that.Best is to start fighting right away by putting in an expert answer.  Then the case will go to mediation if it’s a residential loan.  If you have a chance at a modification, the case will stay in mediation from a few months to a year or so, depending on the facts of your case and the mediator.If the case gets transferred out of mediation because a modification is not possible, then both sides can start really litigating.  From that point, a case will usually take another one or two years.

Do you obtain modifications for clients?

Yes, but I consider a modification to be “low hanging fruit.”  Oftentimes my clients are granted a modification – when they have not even applied for one.  I believe the bank grants my client a modification in that instance because the bank is scared of me or my “papers” which I filed in said case.  Oftentimes my clients do not even want such a modification because they know they have a winning case and want me to fight for them since they were “jerked around” as to a modification by the bank previously.  But if my clients truly want a modification, I work hard to negotiate the best deal I can for those clients.  I have previously gotten the bank to cut hundreds of thousands of dollars off the loan involved – because the bank was scared of me, I believe.

What happens after you win a case for a client?

It depends on how the case was won and was terminated.  If I won based upon the expiration of the statute of limitations, then the client often hires me to start a “quiet title” action to wipe out the mortgage permanently.  That’s a lot of fun.  If the case was dismissed on the ground of “lack of standing,” for example, then the expiration of the statute of limitations will not be available to wipe out the mortgage at that time.  Then the bank will likely start a second foreclosure lawsuit against the client.  At such a time, if hired again, I will fight against the second foreclosure action, but I will also use the victory in the prior foreclosure lawsuit to secure a favorable modification from the bank, if that’s what my client wants.  It’s often possible because the bank knows me and does not want to lose to me again.

What makes you such a qualified foreclosure defense attorney?

First, I used to represent the banks in foreclosures, handling problem cases for them, so I know “where all the bodies are buried” when it comes to foreclosures.  And 9 times out of 10, I know I have a winning case from the word “go,” from when I first start working on the case.  Before representing the banks in foreclosures, however, I also closed thousands of loans for banks and was even in-house counsel at a title agency.  For the last 5 years, I have been beating the banks in foreclosure lawsuits – even in appeals.  I cannot guarantee victory, but I think any prospective client increases the chances of success exponentially by hiring me. 

Can you really save me money?

Yes, definitely.  People mistakenly think that hiring me is an unaffordable expense or a luxury.  “I’m already unable to pay the mortgage,” they often think, “why would I want to pay an attorney, too?  No way!”  Actually, hiring me is a necessity and not a luxury.  I can possibly stop the foreclosure and get it dismissed (I do it a lot), or I can possibly ask the court for damages from the bank for breaking the law.  At the very least, my fighting back slows the foreclosure lawsuit and provides you time to get back on your feet.  Ask my clients if I’ve saved them money.  I believe they will tell you that hiring me was the best thing they ever did and that they saved thousands.