Foreclosure defense: When fighting for your home is worth it?

Losing your home to Foreclosure is anyone's worst nightmare. Worse, if you are in the situation, or feel that you will likely to be soon. At some point in time, you may begin to think that it is easier to let the house go into foreclosure so that you no longer will need to fight with the associated mortgage payment problems.

The repercussion of Foreclosure can be alarming on the social, economic and personal front. It can relocate one to another area or a city, job change, often spelling a lot of financial troubles. Although, you may feel that your world is falling apart, you may find comfort in the fact that you do not have to go through the process alone. There is someone who can help you pull through the foreclosure crisis. With so many foreclosures happening in and around Miami and all over the world, you should know that you aren't the only one worrying about, or facing an imminent foreclosure.

While it may seem easier to let the process travel through its own course, but you may be leaving more behind that you actually realize. There are many ways that are better than giving up. A good foreclosure defense attorney can make a substantial difference in your overall outcome. Unfortunately, many homeowners go through the foreclosure process without consulting an attorney. The lender will have its own group of attorneys, so don't meet head on the foreclosure conflict unprepared.

Try to hire a lawyer who has the extensive knowledge of on-going foreclosure laws. Unless you are a lawyer, it is unlikely that you will have the knowledge necessary to guide yourself through the process. The legal proceeding of real estate foreclosure is very complicated. Further, it varies considerably by state, and laws. Taken together this means you need a professional help from the foreclosure lawyer within your area. Seeking information for your cases with a firm not based in your state of residence will make you defenseless to take on to large banks or mortgage companies. The firm specializes in cases relating to Miami and South Floridahelps foreclosure clients to deal with the foreclosure trap in Miami and all over South Florida.

Also, there are strict legal requirements to establish all original notes/ or mortgage with purported copies. In many cases, foreclosure clients are not aware that their mortgage companies are different that actually loaned them to buy or refinance their home. How do you know that your foreclosure complaints have the valid copies of note, and purported assignments attached? Most commonly, these essentials are not attached, and may not be even in the possessions of your mortgage company.

If your current mortgage company is not your original lender, it has never had all the mortgage documents. Having discovered this, you can file a counterclaim or defense on any aspect of the Foreclosure lawsuit filed against you, to buy you required time and find a proper channel of defense with the help of your attorneys. So, essentially, you have only 20 days to respond to the mortgage company's complaint.  If you are beyond the 20 days, still the time is with you but very limited time for the defenses that can be raised.

You should consider consulting a real estate foreclosure lawyer as early as possible before foreclosure hits your credit history, and make it complicated to obtain financing for a long time into the future. Make sure, as well, that the foreclosure defense attorney you hire is qualified to handle your case. Ask him or her about his or her experience. It is very important that you choose an experienced lawyer, one who will not only offer you the legal, but also the emotional support.

Hamery James is a leading real estate attorney in Miami dealing with cases on foreclosure law, loan modification law, condominium law and corporate law.