A stipulation for substitution of counsel is a common motion filed during foreclosure proceedings to signal that a new attorney has taken over the plaintiff’s case. Though a motion to change counsel is generally no source for concern, chances are the new attorney will look at the case with fresh vigor, which means you should be prepared to respond in kind.
First, it’s a good idea to have your lawyer review the motion to ensure that everything is in order. Though unlikely, mistakes do happen and if a mistake was made, your lawyer will find it. The change in counsel may also be a good opportunity to reevaluate your options. In the ideal scenario, your foreclosure never goes to summary judgment and you are able to reach a reasonable agreement with your lender out of court.
A loan modification is the most common way homeowners avoid foreclosure sale. Other options are to do a short sale or deed-in-lieu. In a short sale your lender agrees to sell the property for less than the mortgage debt, while a deed-in-lieu allows you to transfer your interest in the property back to your lender. In the event you do reach an agreement, be sure to make the release of any deficiency a stipulation in your contract.
When it comes to foreclosure, the most important thing to remember is that you should always have expert legal counsel. Consult with an experienced Foreclosure Attorney to explore your options and ensure your interests are protected.
Stephen K. Hachey, a Florida real estate attorney, can help your wade through this process and determine a positive solution. Contact him at 813-549-0096.
The opinions in this post are solely those of the author. The author takes full responsibility for the content. Like all blog posts, this is offered for general information purposes and does not constitute legal advice.
This post was written by Stephen Hachey. Follow Stephen on Google, Facebook, Twitter & Linkedin.
Foreclosure can be a puzzling and overwhelming process that often leaves homeowners in a daze. If you’re wondering whether your bank has the legal right to foreclose on your home, you are not alone. Due to mortgage lenders’ routine practice of selling or reassigning servicing rights, homeowners are often confused about who has proper ownership of their mortgage. Here are a few tips on proper ownership and how it can affect your foreclosure.
In order for your lender to have a valid case against you, they must show that they have physical possession of the promissory note. The note does not require a signature, but only that it be endorsed to “blank” or otherwise to the entity foreclosing. At trial, the burden of proof falls on the foreclosing party. That means the bank has to prove to the court that they have legal standing to foreclose on your home and seek repayment, whether you respond to the foreclosure or not. Generally, if the bank is unable to prove that they have proper ownership of the home, the foreclosure will not proceed. This sounds simple enough, but in reality it rarely is.
In today’s foreclosure-mill environment, documents are regularly mishandled and even lost. But even with these mistakes being common, many foreclosures routinely proceed through the courts unfettered. This is why seeking the help of qualified legal professionals is very important. When it comes to foreclosure, having expert legal counsel could make all the difference in the fight to keep your home. If you believe your lender does not have proper ownership of your property or suspect any wrongdoing, consult with an experienced Foreclosure Attorney immediately to review the facts of your case and help you protect your interests.
Stephen K. Hachey, a Florida real estate attorney, can help your wade through this process and determine a positive solution. Contact him at 813-549-0096.
The opinions in this post are solely those of the author. The author takes full responsibility for the content. Like all blog posts, this is offered for general information purposes and does not constitute legal advice.
This post was written by Stephen Hachey. Follow Stephen on Google, Facebook, Twitter & Linkedin.
Unfortunately, foreclosures happen more often than we would like. The consequences of a foreclosure are tough, and even people who think they have it all together have a chance to fall into a hard time. There are a lot of questions swirling about foreclosures, so here is the answer to this one: once a foreclosure is filed, how long does the lender have to complete it before it expires?
There is a time limit that the mortgage company must file the foreclosure within, but there is no limit to how long the case can go on. The case never expires, although there is a possibility that there can be a lack of prosecution motion.
Your case will move at a speed depending on the attorney prosecuting and the attorney defending. Cases can range from lasting anywhere to as little as eight months to as long as three years or more. The courts are currently searching for a solution to pump the cases through in a more-timely manner.
Once again, after a foreclosure is filed there is no expiration date for the case. With there being no set time limit, the case can range from lasting months to lasting years, although a lack of prosecution motion can be brought up.
Stephen K. Hachey, a Florida real estate attorney, can help your wade through this process and determine a positive solution. Contact him at 813-549-0096.
The opinions in this post are solely those of the author. The author takes full responsibility for the content. Like all blog posts, this is offered for general information purposes and does not constitute legal advice.
This post was written by Stephen Hachey. Follow Stephen on Google, Facebook, Twitter & Linkedin.
Many lawyers agree that is improper and unethical for a law firm or lawyer to guarantee results in any case and to tell a homeowner that they can and will get a loan modification. If a lawyer is guaranteeing you that they will get you a loan modification, run the other way. If this is the case it is probably a scam. Also, be aware if they are asking for an upfront fee, if they are asking to have the property signed over to a third party, and finally, if they offer to direct the monthly mortgage payments to a third party who will then forward it to the lender or mortgage servicer.
Although a law firm or a lawyer shouldn’t guarantee you that you can and will get a loan modification, it doesn’t mean you can’t hire their services to help you get the loan medication. There are benefits with hiring a lawyer because they know the nooks and crannies of the government homeowner-assistance programs. If you are thinking of a hiring lawyer, be sure to contact their local bar association to make sure they are an “ethical law firm” who does loan modification so you are really getting the help you need instead of losing your money in a sham.
So remember: if a law firm or lawyer is guaranteeing you that they can and will get you a loan modification, don’t listen to them. Instead, go find a reputable lawyer who does loan modifications, double-checked, and then proceed.
Stephen K. Hachey, a Florida real estate attorney can help your wade through this process and determine a positive solution. Contact him at 813-549-0096.
The opinions in this post are solely those of the author. The author takes full responsibility for the content. Like all blog posts, this is offered for general information purposes and does not constitute legal advice.
This post was written by Stephen Hachey. Follow Stephen on Google, Facebook, Twitter & Linkedin.
One party can request a default motion if the other party has failed to file or serve any documents within the 20 days after the date the petition was serviced. A motion for default will allow you to have an earlier final hearing to help finish your case. If your HOA has filed for a default motion in a foreclosure case you need to retain an attorney immediately.
There are many factors that can go into a foreclosure case so there is not an “one-size-fits-all” way out of an issue like this. The best way to try and handle this situation is to speak to an attorney. They will be able to provide you with the knowledge and tools that you will need in order for you to try and save your home.
An attorney will hopefully be able to file something quickly to buy you a little more time; however, if the hearing is for a “default final judgment” then filing anything will not delay the matter because it would already be too late.
Bottom line: retain an attorney. They will be able to provide assistance, a better understanding, and a chance to help your situation.
Stephen K. Hachey, a Florida real estate attorney can help your wade through this process and determine a positive solution. Contact him at 813-549-0096.
The opinions in this post are solely those of the author. The author takes full responsibility for the content. Like all blog posts, this is offered for general information purposes and does not constitute legal advice.
This post was written by Stephen Hachey. Follow Stephen on Google, Facebook, Twitter & Linkedin.
