Real Estate Law
Have Real Estate Law Questions? Ask a Real Estate Lawyer.
Thank you for your question. Although I am an attorney, I cannot represent you. However, I will give you the most thorough information I am able. Although you do not have to have an attorney, much of whether you will want to work with one will depend on the situation.
In some cases a sale date will be set as normal protocol moving forward while you are trying to work out some sort of modification or understanding with your lender. In situations wherein the home has been assigned a date, many times that date will move or be postponed, where a lawyer can be helpful is in ensuring that date is moved sooner rather than later. Lenders are notorious for not speaking with the entity that is auctioning the home, this can lead to sale dates not being postponed until the date of the date of the sale. For some homeowners this is VERY uneasy. There are times when attorneys can put pressure on trust companies and/or lenders to postpone sale dates; however, there are times when the intervention of an attorney will do nothing for you.
Much of whether you should involve legal representation depends on the people you are working with. Indicators you should look for are whether your lender has been doing everything they said they were going to do and whether they have been giving you good advice. If the answer is "no" or you find that the process has turned into a mess, it may be a good idea to involve someone who can intervene to help the process along. When picking someone, you will want to pick someone who is familiar with the process, has previously worked with the lender and who is reputable.
what kind of attorney would you recommend if I went that route. this is so stressful!
I am sorry about the stress, I can only imagine what you are going through. You will want a real estate attorney who is familiar with loan modifications and foreclosures.
ok thanks ...happy new year to you...
Happy New Year to you. Best of luck!
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).