Homeowners facing foreclosure in Massachusetts often ask themselves: do I need a foreclosure attorney? As an attorney who has helped hundreds of Massachusetts homeowners facing foreclosure, let me discuss some of the ways that a lawyer can assist with the foreclosure process.
Applying for a Loan Modification or Short Sale
A lawyer is not always needed for a loan modification or short sale application. If a homeowner is comfortable completing the required paperwork and staying on top of the process, a homeowner can do this on their own.
However, many homeowners find these applications to be overwhelming, which often require extensive paperwork and communication with the loan servicer. For many homeowners, a lawyer (or reputable loan modification professional) can be a huge help with this process.
Stopping a Foreclosure Sale
If a homeowner is facing a scheduled foreclosure sale, a foreclosure attorney is generally needed. While a homeowner can attempt to represent themselves in court, the process for doing so is especially overwhelming and complicated for a non-lawyer. I’ve rarely seen a self-represented litigant succeed in fighting a foreclosure. Massachusetts foreclosure law is complicated, and a foreclosure attorney is generally necessary for developing an effective foreclosure defense strategy.
Facing a Post-Foreclosure Eviction
After a foreclosure sale in Massachusetts, the bank (or the third-party buyer of the foreclosed property) is required to evict the occupants of the home. Per Massachusetts law, a homeowner is allowed to challenge the foreclosure’s legality as an eviction defense. If a homeowner wishes to pursue such a defense, having a foreclosure attorney is critical. An experienced foreclosure attorney will know what defenses to raise, the information that is needed to pursue such a defense, and how best to present such a case before a judge or jury.
As I have written before, even if the homeowner does not want to stay in the home, a foreclosure attorney can still be helpful. A foreclosure attorney can help the homeowner obtain the time they need to leave the property and avoid any potential liability from the foreclosure sale.
If you are facing foreclosure in Massachusetts, it is worthwhile to speak with an experienced foreclosure attorney. If you are in need of such help, contact me for a consultation.