Real Estate Attorneys and Foreclosure Defense

Foreclosure defense is the way to fight a lender who is trying to foreclose. The point is to either stall the foreclosure process or to stop it all together. The Houston laws are stringent enough on its citizens and in really difficult situations such as foreclosures people need to get a Houston attorney to protect their rights and also represent their interests. Foreclosure defense is generally conducted by a Houston real estate lawyer with financial and legal expertise.

What Should Your Lawyer Do
Foreclosure abuses of various lenders including banks have revealed that many of the foreclosure actions have been fraudulent or illegal. If people had been more aware of the little tricks and errors made by lenders, they would have still owned their properties. The fact is that with a smart Houston real estate lawyer, you can fight foreclosure imposed by your lender. Here are some things which your Houston attorney should look into:

•    The actual documents proving that the lender is the owner of the mortgage. Many people simply assume that the bank is the owner without ever bothering to check.
•    If the loan was sold, the lender must prove with documents the transaction which has taken place between the two entities including payment.
•    The Houston real estate attorney should verify the legal grounds that the lender invokes in their foreclosure action. Sometimes, simple typing mistakes can stall a foreclosure process.
•    Each document attached in the foreclosure paperwork must be signed and reviewed by the lender’s employees. It happens many times that no one actually reads such papers and they are just signed by robo-signers. The Houston attorney needs to check the statements of the bank employees.
•    Foreclosure documents are also signed by a notary who needs to be licensed in the state that he is operating. There were numerous cases in which the notary wasn’t licensed for a particular state.
•    There are situations in which bankruptcy can at least stall a foreclosure procedure. It cannot stop it but it can be considered legal grounds to delay the foreclosure and change the terms of your mortgage.

Houston is in the state of Texas where the foreclosure can take place outside of the court’s supervision as Texas is not a judicial foreclosure state. That means that a foreclosure procedure may be terminated and implemented within three months period. This would not happen in states like Florida where foreclosure processes can last more than one year and a half as they need to go through court.  This is the strongest and most convincing argument in favor of having a Houston real estate attorney to support you with the proper foreclosure defense. Unless quick action is taken, the foreclosure process cannot be stopped.

The point is not to be tricked by lenders. People automatically assume that they are correct and everything is done by the book but the fact is that lenders and banks are also at the hands of people and people make mistakes. You can take advantage of those mistakes and keep your home with the help of a smart Houston attorney.