Top 4 Foreclosure Mistakes

foreclosure signForeclosure is every homeowner’s nightmare and many homeowners are experiencing this nightmare first hand. Recent studies indicated that approximately 50% of Americans are living paycheck to paycheck, and 43% spend more than they make each year. An unexpected job loss or health crisis can easily put many of these responsible homeowners over the edge and into foreclosure.

If you are facing foreclosure or have already been served a foreclosure notice, you should know that one mistake can cost you your home. Here are 4 of the most common foreclosure mistakes to look for and avoid.

1. Not Filing a Response

The first mistake that people often make in foreclosure cases is not filing a response to a lawsuit. Changes to Florida’s foreclosure law have basically expedited the process that a lender has to follow to prosecute a foreclosure action.

The law essentially shifts the burden of proof to the homeowner by requiring that you file an answer to the lawsuit in a very short time period of 20 – 45 days. If you fail to do so, the law allows the court to enter a final judgment of foreclosure against you.

2. Filing an Answer Rather Than a Motion to Dismiss

The second mistake that people often make is that rather than filing a motion to dismiss, they file an answer to the lawsuit. A motion to dismiss attacks the lawsuit itself on the basis that it either lacks merit or was filed improperly.

“An answer is when you accept the lawsuit as being valid and either accept or deny its claims. If you file an answer instead of a motion to dismiss, you may waive certain rights or opportunities to gain an advantage over the other side.” – Miami Dade foreclosure attorney

3. Failing to Respond to a Summary Judgment

The third mistake that people often make in foreclosure cases is failing to file a response to a summary judgment. A summary judgment is essentially a trial by paper, where both sides file paperwork and then the court makes a decision based on the paperwork that has been filed. If you don’t file any paperwork, you won’t have any defense in the summary judgment and will have no chance to win the case.

4. Not Having Your Paperwork Reviewed by an Experienced Foreclosure Attorney

In the previous decade, lender foreclosure fraud was rampant. Many home loans were bought and sold on Wall Street. Furthermore, it has been reported that banks and mortgage lenders were hiring anyone the could find, including hair stylists and shoe salesmen, as foreclosure “experts” to handle the mounting backlog of foreclosures that were racking up.

These inexperienced foreclosure workers fraudulently signed thousands of foreclosure documents per day and the damage is still being sorted out. So in many foreclosures today, it is not always clear who owns the mortgage.

Because of this fraud and insufficient record keeping, an experienced foreclosure attorney should be hired to determine if the bank truly has the right to foreclose on your home.

Consult With an Experienced Foreclosure Defense Attorney

These concepts can be difficult for homeowners to understand. However, foreclosure attorneys deal with these issues every day. So if you have any questions regarding a foreclosure case in which you are involved, call an experienced foreclosure attorney to receive the answers you need.

What You Need To Know About Foreclosure Law

home in foreclosureForeclosure law will differ on a state-to-state basis. The foreclosure laws in each state will vary in the degree of their strictness; some states are extremely specific when it comes to the acceptable procedures for foreclosing on and disposing of real estate, while others are much more flexible.

But most states do look to the details of the mortgage documents on a property as the foundation for their foreclosure law. The terms to which the borrower and lender agreed in the mortgage documents are binding, and they will almost always dictate the legal or extra-legal options which are to each party during the foreclosure proceedings.

When You Want To Invest In Foreclosures

The foreclosure law in a given state can also have a great impact on a prospective buyer’s ability to purchase foreclosed real estate as an investment. Tens of thousands of people have mastered the art of buying foreclosed homes and selling them in a short time for a fast profit. Should you be thinking about joining them, make sure I n advance that the foreclosure law in the states where the properties are located contains no stipulations which would interfere with your plans.

“Whenever dealing with foreclosures, it is important to consult a real estate lawyer in your state to ensure that the transaction goes through without any liability on your part.” – The Brinton Firm – L.A. real estate lawyers

Be especially careful about foreclosure law as it pertains to encumbered properties; there are states which allow the home’s owner a grace period in which to clear any liens against his property and in doing so retain title. If you should purchase an encumbered property and the owner does manage to clear the liens, you could find yourself with nothing.

Hire A Professional Foreclosure Law Researcher

If you have decided to pursue foreclosure properties in some states, your safest alternative is to find a legal firm to research the foreclosure law in each of them. Trying to pore over the real property statutes in some states will not just consume a tremendous amount of time; it can leave you confused about the subtle differences in foreclosure law from state to state. It’s much better to have a legal professional familiar with property law examine the state codes for you, and be ready to advise you when you are ready to make your purchases.

You would be much better served by spending your time researching foreclosure lists than by researching foreclosure laws. First, find the promising properties, and when you have some them, give your selections to your legal professional so that he or she can begin researching the pertinent state foreclosure laws. Having the research done for you will cost something, but if it saves you from a serious blunder and allows you to buy only those properties on which you can profit, it will be money well spent.

There was a time when you thought, and your banker agreed, that you were a great bet to handle monthly payments on a mortgage for twenty or thirty years. You had that confidence once, and you can recover it. And when you do, you may find yourself surveying the foreclosures market to save money while putting yourself in your home once again!

7 Tips for Choosing a Las Vegas Family Law Attorney

family and divorce lawLocating a Family Law Attorney in Las Vegas  amidst a divorce is an important and crucial decision that must be made with great thought and research. Make sure you find someone with plenty of experience. Your divorce attorney will set the tone for how things will proceed. It is important that you feel comfortable with your selection.

A good attorney will help you navigate through complicated situations and will help direct how the next step in your lives will be carried out. That is why it is important to select an attorney that you feel you can trust to be accurate and fair. If you have any close family or friends that have gone through a divorce it is possible that they may have a good referral for you. However, there are other ways of locating a great Las Vegas Divorce Attorney, if you prefer not to ask your friends.

Keep these 7 tips in mind

1. Do thorough research. Begin your search online. Start by creating a list of Las Vegas Divorce attorneys, and then narrow down your selections. Choose lawyers who most closely specialize in what you are looking for.

2. Do some online research into the background and experience of the attorneys that you have selected. Have they had any credibility issues in the past? Do they seem to be all about money and not interested in the personal welfare of their clients? Make sure to look for these types of common red flags.

3. Obtain a free consultation if the Family Law Attorney advertises one. This will give you the opportunity to ask important questions, obtain pertinent information, and get a feel for the attorney’s personality.

4. Take into consideration how much the services will cost in the long run. Do your research and get the best lawyer your money can buy and feel confident that the rest of the legal aspects will be taken care of. Remember that more experienced lawyers tend to charge more.

5. Choose a Child Custody attorney who you feel comfortable with. If you feel like something is not right, then you probably should follow your gut instinct and find someone else. Remember, this is someone that you are going to share a great deal of personal information with.

6. Find an attorney who is in a good location. You do not need the inconvenience of traveling to someone that’s not easily accessible to you. If the attorney’s office is too far away, you may not achieve the relationship you need to have as the attorney is dealing with your case and it will turn into an inconvenience for you.

7. Find out how accessible your Child Custody Attorney is. Attorneys are very busy and your case is not the only one they are handling. However, the attorney you hire needs to have some sort of scheduled accessibility for you. Everything cannot always be handled through email or voicemail. Make sure your attorney has the capacity to pay proper attention to your needs.

Criminal Defense Lawyer Hiring Tips

Hiring a criminal defense attorney can be frustrating and confusing, especially if you have never had any dealings with the criminal justice system. Lawyers are taught to be convincing and unfortunately, some lawyers are corrupt. Hiring a criminal defense lawyer is especially frustrating because not only is it expensive, but your freedom is at stake.

Criminal Defense Attorney Hiring Tips

Here are criminal defense lawyer hiring tips that might help you.

Experience: Make sure that the lawyer you are hiring has extensive criminal law experience, including trial experience. Years of experience working on criminal cases is not the same as courtroom experience defending people with charges similar to yours. It’s always important to hire an attorney that specializes in your charges. An attorney without experience has very little chances of winning a case.

Trust your feelings: It’s always important to hire an attorney that you feel comfortable with and have confidence in. You need to hire someone that will act as your advisor, explaining your options and allowing you to choose. If your attorney makes you uncomfortable or forces you into making a decision, find someone else. Ask the prospective attorney questions that will help you the kind of person that they are. Questions such as what made them decide to be a criminal defense lawyer?

Check references: A good attorney will have a reputation to match. Ask your friends and loved ones which lawyers they recommend. Even the most reputable attorneys have a few unhappy clients, but you want a lawyer with more good recommendations than bad. The best lawyer is always preceded by his/her reputation.

Look for an ethical criminal defense lawyer: If you meet with a lawyer and they start telling you things like “the prosecutor and I are best friends” or “I play tennis with the judge” be wary. Statements like these usually have some hidden meanings. They usually mean that they have the power to make the prosecutor or judge do something that they are not supposed to do. If you meet such a lawyer, you should consider if his/her loyalties will be to you or to maintaining the relationship that he/she claims to have with the prosecutor or judge.

Get a written contract: It’s always wise to insist on having a written contract. Make sure that your agreement addresses the money you will have to pay down and the total amount that your case is going to cost you. Many times clients will pay lawyers all the money they have and after the preliminary hearing, the lawyer will tell them if they do not receive more money they are getting off the case. Make sure that your agreement addresses this issue properly. It’s also important to get a receipt or pay with a check.

Finding the best criminal defense attorney may be the most important decision you will make during the course of your criminal case. Make sure that you hire a lawyer with experience, courtroom expertise and has a good record of winning cases that are similar to yours. Do not trust your case to anyone; hire a criminal lawyer that possesses the right qualities to represent you.