A home is a huge investment for most people. Sometimes illness, job loss and divorce can cause a homeowner to get behind on payments. Occasionally, some become victims of lender errors or malpractice that threatens ownership of their houses. Foreclosures can occur even when homeowners are current on their payments. If you suspect something like this is happening to you, contacting a foreclosure attorney Houston homeowners recommend is important.
Although most loan servicers have checks and balances to reduce errors, they can and do make mistakes. Similar account numbers and payee names can be the source of errors. Exorbitant late fees are a tactic some lenders use to try and force homeowners to pay on time. They may also attempt to charge fees that are not legally allowable. It is critical that you keep every written notice, email correspondence, and certified letter between you and the lender.
When lenders do begin foreclosing on properties, there are procedures they must follow. If they fail to do so in a significant way, you may have a case. The procedural laws vary from state to state, and it will take a good lawyer to trace the steps in order to determine if the servicer made serious errors.
Loans get sold and transferred periodically, and it may be that a previous lender is attempting to remove you from your home illegally. If the servicer, trying to force you out, doesn't actually own the loan, you certainly have the right to rebut the claims. In this case, you will need a lawyer to investigate whether or not the lender can prove it owns your mortgage.
There are special rules when it comes to foreclosing on military personnel. A court order will be necessary for a lender to starting foreclosing on a military home if the loan in question was taken out prior to the vet's active service. The Servicemembers Civil Relief Act was enacted to protect the military and their immediate families.
Dual tracking was a common practice for many years. It occurred when a homeowner applied for a loan modification and, while the lender was in the process of evaluating the application, the loan servicer also continued to process the foreclosure. It is illegal to do this now. Stalling the loan modification application is another technique some lenders use. You will need a lawyer to represent your interests against these practices.
If you decide you want to stay in your home until the foreclosure process is completed, you have a right to do so. In certain states with rights of redemption laws, you may be able to live in your home for years before the process is complete. You only need a lawyer in this instance if the lender changes the locks or otherwise prevents you from entering the house.
You do have rights and recourse if you are the victim of a lender's errors or illegal practices. In order to keep your home, you may have to retain the services of a good lawyer familiar with foreclosures. It will be worth the money though, if you end up keeping your home and family together.
Although most loan servicers have checks and balances to reduce errors, they can and do make mistakes. Similar account numbers and payee names can be the source of errors. Exorbitant late fees are a tactic some lenders use to try and force homeowners to pay on time. They may also attempt to charge fees that are not legally allowable. It is critical that you keep every written notice, email correspondence, and certified letter between you and the lender.
When lenders do begin foreclosing on properties, there are procedures they must follow. If they fail to do so in a significant way, you may have a case. The procedural laws vary from state to state, and it will take a good lawyer to trace the steps in order to determine if the servicer made serious errors.
Loans get sold and transferred periodically, and it may be that a previous lender is attempting to remove you from your home illegally. If the servicer, trying to force you out, doesn't actually own the loan, you certainly have the right to rebut the claims. In this case, you will need a lawyer to investigate whether or not the lender can prove it owns your mortgage.
There are special rules when it comes to foreclosing on military personnel. A court order will be necessary for a lender to starting foreclosing on a military home if the loan in question was taken out prior to the vet's active service. The Servicemembers Civil Relief Act was enacted to protect the military and their immediate families.
Dual tracking was a common practice for many years. It occurred when a homeowner applied for a loan modification and, while the lender was in the process of evaluating the application, the loan servicer also continued to process the foreclosure. It is illegal to do this now. Stalling the loan modification application is another technique some lenders use. You will need a lawyer to represent your interests against these practices.
If you decide you want to stay in your home until the foreclosure process is completed, you have a right to do so. In certain states with rights of redemption laws, you may be able to live in your home for years before the process is complete. You only need a lawyer in this instance if the lender changes the locks or otherwise prevents you from entering the house.
You do have rights and recourse if you are the victim of a lender's errors or illegal practices. In order to keep your home, you may have to retain the services of a good lawyer familiar with foreclosures. It will be worth the money though, if you end up keeping your home and family together.
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