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The following article was published in our article directory on December 31, 2012.
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Article Category: Legal
Author Name: Arren Weathers
A foreclosure attorney can help you if you are facing foreclosure. It is a long and tiring process. It is usually problematic. It has effects to both financial and emotional aspects of their lives. If you need help, an attorney is the best person who can help.
What Is Foreclosure?
A foreclosure is reached when the property owner or the borrower was not able to make several monthly payments. The non-payments would make the bank or lender send letters of reminders and requests for payments. It may also propose a short sale wherein you will be selling the property for an amount less than the mortgage s outstanding balance. Without a response, the lender may opt to file a law suit leading to foreclosure.
What Is Short Sale?
A short sale is one of the solutions to avoid foreclosure. The common reason people want to avoid it is because it shows in the credit reports while the short sale does not. You can choose short sale if you think you can no longer make monthly payments and if you are willing to give up your property.
The short sale is selling your property for an amount that s less than your outstanding mortgage balance. The result is you lose your property and clears or reduces your mortgage balance for the bank or lender not to sue you. You also get to avoid damages on your credit report unlike when you go on to foreclosure. You or the lender will look for a buyer. Everything he will pay will go to the bank or lender.
Foreclosure Complaint - Law Suit
The foreclosure starts when the bank or mortgage holder sues you for your non-payments. Their main goal is to get the property s title and the partial or full settlement for your outstanding balance. The law suit is usually filed in the county s Circuit Control.
You Can Still Do Something
When the bank or lender files a law suit for your non-payments, you will have 20 days following the receipt of foreclosure complaint to file an answer at the Circuit Court. Most individuals do not know how to do this. A foreclosure attorney can do it for you. The attorney can also advise regarding the best way to defend yourself against the foreclosure complaint. Note that you can opt to engage in affirmative defense, motions, and counter claims. The attorney can discuss your options and help you act on it.
Keep in mind that a default judgment against you in favor of the bank or lender will be entered if you fail to file an answer in the Circuit Control. Do not waste time and find a reliable attorney right after you receive the foreclosure complaint.
The foreclosure is a long, complex and exhausting process. It is usually better to hire a foreclosure attorney if you want assistance in saving your property from foreclosure and repossession. The attorney can advise you on the best actions. He or she can also take care of all the documents and procedures following a foreclosure complaint.
Keywords: business attorney, foreclosure attorney, real estate attorney
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