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Tips To Choosing A Foreclosure Lawyer

The decision to hire a mortgage or foreclosure lawyer can be difficult without the right information or resources to help guide you. Even then consumers face deception and fraud from unscrupulous foreclosure attorneys and law firms. Some industry estimates even claim that more than 50% of the ads for modification, mortgage, and foreclosure lawyers on the internet are scams.

So how can you tell the good lawyer form the bad lawyer? You already learned some of these tips in school, but let’s cover them again. First, if it sounds too good to be true it probably is…too good to be true that is. Lawyers everywhere answer to the Bar Association and are bound by strict ethics rules. No lawyer is permitted to guarantee or promise an outcome for any case, not for a traffic ticket or murder trial, so how could any mortgage or foreclosure attorney guarantee to save your home, reduce principal or get a modification? The same goes for so called money back guarantees; lawyers aren’t used car salesmen, and if they are genuinely practicing law a real lawyer will have real costs and expenses. Bar Associations don’t permit attorneys to make these types of money back guarantees either. When researching a mortgage or foreclosure lawyer ask for his or her Bar or Registration Number, Status and in some states ask for a Letter of Good Standing. Ask the lawyer if they have Professional Liability insurance as many states require this insurance. And of course find out if you will have live access to the lawyer and will speak or can meet with them.

The Decision To Hire A Foreclosure Attorney

The decision to hire a mortgage or foreclosure lawyer can be difficult without the right information or resources to help guide you. Even then consumers face deception and fraud from unscrupulous foreclosure attorneys and law firms. Some industry estimates even claim that more than 50% of the ads for modification, mortgage, and foreclosure lawyers on the internet are scams.

Speaking of modification did you know that in almost every state the only people that can legally represent a borrower in a mortgage negotiation for a modification is an employee of a government sponsored nonprofit agency a lawyer? That’s in part because a mortgage or deed of trust is a contract, and in every state only a lawyer is legally permitted to represent individuals in contract negotiations for a fee. All too often sham law firms and paralegals require borrowers to sign contracts for mortgage help and collect fees illegally.

The problem of fake lawyers, paralegals and mortgage brokers performing the Unlicensed Practice of Law (UPL) became so damaging to consumers that the FTC created the MARS rules in 2011. The MARS rules prohibit anyone, including lawyers, from taking any up-front fee from a borrower for only submitting or pursuing a modification. Lawyers are only exempt from the MARS rule only if they are practicing law, which requires far more than just filling out an RMA form. To meet the requirements of actually practicing law, mortgage and foreclosure lawyers must pursue all legal recourse, recovery and options available to a borrower without making a predetermined single resolution plan like a modification. Lawyers can do this through Mitigation or Litigation.

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Why Contact Mortgage Assist Now?

Mortgage foreclosure and delinquency is a long and complicated legal process, but in the end a mortgage is a contract that will be, or has been breached. Borrowers can resolve mortgage delinquency, and in some cases foreclosure, through contract negations, or Mitigation, which often is achieved before any actual legal action such as a lender suit being filed or trustee assigned. Litigation is the legal process of suing a lender or servicer. Ideally the borrower will sue your lender first, making themselves the plaintiff and take control of the case. If the borrower has been sued an answer can be filed with a counter suit.

A mortgage suit can be very powerful, but be weary of boiler plate mortgage suits that only talk about MERS, Robo-signing and Quiet Title; most courts have heard those types of suits for years and want better law suits with current and additional facts and law. Avoid mass joinder law suits and mass tort suits, most of those suits are scams and fall into the boiler plate suit category.

Finally, don’t expect testimonials or access to previous client’s case results from any lawyer; ethics rules restrict client testimonials and prohibit using a real client’s full name so you likely are reading a fiction story. Settlements of lender suits are usually not public record, a serious concern when lenders consider settling a mortgagee or foreclosure suit.

Resources not affiliated with Mortgage Assist Now
These Links are additional resources for the benefit of the consumer. The links lead to government websites that deal with the current issues being addressed in the mortgage industry. Mortgage Assist Now is not affiliated with any government program or agency, financial or creditor institution or company.

U.S Department of Housing and Urban Development 
Making Home Affordable
U.S Treasury
Federal Trade Commission

Important Consumer Notice**
Mortgage Assist Now is a privately operated consumer service that offers borrowers valuable news, resources, access to licensed attorneys nationwide for mortgage mitigation, reinstatement, principal reduction, and various foreclosure alternatives.
Mortgage Assist Now is not a law firm and does not give legal advice or accept payments from consumers for any services.
Mortgage Assist Now IS NOT A GOVERNMENT AGENCY, OR AFFILIATED WITH ANY GOVERNMENT AGENCY OR ANY GOVERNMENT PROGRAMS, IS NOT A COUNSELING AGENCY OR SERVICE AND IS NOT A LENDER, BANK OR BANKER.