Do I need a foreclosure attorney?


Regardless of the reason that you’re on the verge of a foreclosure as a homeowner; the lender will show no remorse when taking back your property. Not having an attorney can be very devastating in arguing your case and will also lessen the chances of being successful. Moreover you can be in a really tight spot where you are about to lose your home to a foreclosure. There is no one around to help you make the right decisions. You need someone who can put up a good argument towards your case so isn’t time to utilize the services of an attorney? It’s highly recommended and that would be your best bet!

When it comes to the law, do NOT rule out your attorney because he/she might be your life saver in the event of a foreclosure. There are different types of circumstances that can occur with a foreclosure. These include a judicial foreclosure where the matter goes before the courts and a non-judicial where there is no court hearing.

Depending on your position you can decide whether or not an attorney is necessary. Nonetheless an attorney is highly recommended since you will definitely be in a better position. You can find some excellent, professional attorneys who handle these type of cases at  Be sure to take a look at our testimonials as well.

Types of foreclosure

There are different types of foreclosures that you might be trapped in at some point as a homeowner.

  1. Judicial Foreclosure
  2. Non-judicial Foreclosure

Foreclosures are often a serious situation since you are likely to lose your home. A non-judicial foreclosure does not go before the courts and on the other side of the spectrum, there is judicial foreclosure which must go before the courts. This is dependent on the state that you live in for a settlement or final decision to be made by the law. Your attorney should be able to tell you which type of foreclosure is at hand and provide the direction with the best possible outcome.

When to consult an attorney

In the event that you have been slapped with a foreclosure summons it might be time for you to exercise your rights to an attorney. They might be able to help you make the right decisions when handling a foreclosure as best as possible. Consequently, the type of foreclosure that you are experiencing will determine your need for a lawyer or not.

If you are caught in a judicial foreclosure then you’ll need to file a law suit with aid of your lawyer.  If you have plans on keeping your home or consider to sell it, it can be a good way to settle your foreclosure . Ultimately you should definitely hire an attorney so as to progress with making the right decisions.

If you are planning on hiring an attorney it is advisable not to wait until the “last minute” to do so. It is also your duty to ensure that you find out from your attorney what you are hiring them for. Whether it be to assist with giving advice on your foreclosure or providing expertise and engagement to deal with the foreclosure for you.

Often times you will find that an attorney does not provide the services that you were expecting. This happens because you probably did not explain your situation or listen carefully to what they were planning to offer you.

We’re not pointing any fingers here but your responsibility is to ensure that your foreclosure is dealt with as best as possible. This is the primary reason why you hire an attorney. It is also important that you do your research at first and figure out whether you need one or not. Gather the questions that you wish to ask so that you and your attorney are both on the same page.

There are numerous cases where persons have hired foreclosure attorneys to help them to keep their home while on the brink of a foreclosure. At times you’ll find out that you were misunderstood.  Your attorney only provided advice on what can be done. However, they did not put up any fight to come to an agreement with the lender.

As a result, is it very essential that you communicate with your attorney effectively before hiring them. Another crucial pointer is to ensure that you discuss the legal fees that you will need to pay in order to cover your requests. As mentioned earlier foreclosures can be a very critical department and it takes great expertise to argue this with a lender or before the courts. A good attorney can however buy you a lot of time. Use this time to make extra money and payoff outstanding balances or even sell your property and then repay the lender before a foreclosure.

When you may NOT need an attorney

There can certainly be a lot of cases where you might not need to hire an attorney. Whatever the case is, you should be able to figure out if you need an attorney or not after reading this section. These are some cases where you might NOT need an attorney:

Loan Modification

A loan modification is a process and while your property is not in foreclosure you should try to communicate with your lender. This will prevent them from filing a lawsuit against you.

Loan Forbearance

If your property is near to a foreclosure and you have a few missed payments on your mortgage; a loan forbearance allows your lender/bank to offer you the option to repay for all those payments that you have missed. Be mindful that your property cannot be in foreclosure at this point.

Loan Reinstatement

With this option you have the upper hand in finding out what your bank or lender requires for you to get back on track with your mortgage. At this point your property should not be facing a foreclosure.



In conclusion there are so many different aspects to think about when deciding if you actually need a foreclosure attorney. Your finances is certainly one of them, you might also need to “shop around” so as to find the least expensive yet effective legal services.

Having an attorney during a foreclosure can sometimes be very beneficial as to help you buy time. You can even perform other actions such as selling the property as well as getting valuable advice. On the other hand , there are times when you might not need an attorney. One such case is when you are facing a non-judicial foreclosure. If you were granted a loan modification or loan forbearance then chances are you might not need an attorney as well.  Call us for help with your foreclosure today at 888-200-9824.

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