June 8, 2015

SHOULD I HIRE AN ATTORNEY FOR FORECLOSURE DEFENSE / LOAN MOD HELP?

By Timothy Stull (http://www.fresh-start.co)

This is a question that has baffled many distressed home owners for years.  You would think the answer to this question is a “no brainer” yes.  However, the contrary has really been the case per past record.  Though retaining an “attorney” allows you to flex your muscles somewhat, that flexing can be very short lived.  You see, the business of restructuring large debt (loan mods) is long run, tedious, labor intensive and very complex.  Hiring an attorney is similar to having a power weight lifter enter a marathon…..he might make the first mile, but it is doubtful he can run the full race.  Understand that the banks really have no incentive to modify mortgage debt.  Rising property values, an improving economy and lack of hosing inventory make it much more beneficial to foreclose.  Lining up the necessary defenses and battling the banks takes 1 to 2 years in all cases.  The banks drag out the process to ultimately try and force submission by the home owner.  Since most lawyers bill out at $350+ per hour, the affordability index of hiring an attorney dissipates fast.  Most lawyers don’t want to do the intense phone work involved on these cases either, which eventually leads to problems as well.  But what about the “flat fee” lawyers?  Well, this is a disastrous business model, since those doing the work are actually law clerks.  Most of these clerks are low wage earners that really don’t care if you win your case or not.  Banks know this, so they drag out the case so funds dry up at the attorney’s office, which leads to case closure.  This action is where all the online complaints stem from, based on deceptive practices.  It is totally preposterous for any firm to charge a flat fee when the billable hours are not conclusive.  Law firms get inundated with cases, slack on the work load and eventually have to shut the doors.  Just Google the complaints on foreclosure defense law firms….it is truly alarming.   Banks know how to kill the “flat fee” attorney model.  Overall, hiring a law firm is a risky and expensive proposition.  It definitely has more negatives than positives attached to it.

So the real question is, who is qualified to do this work?  Should I handle it on my own?  Ultimately you need somebody to make the next best move.  Most people get stuck in a rut when battling the bank on loan modification cases.  They simply do not know how to counter the objections and make the next best move.  Nearly all home owners also get tripped up on the complex legal jargon enclosed within all the foreclosure and collection notices.  Let’s not forget about the intense arguing with the bill collectors at the bank.  Who wants to deal with that after a hard day at work?  The real truth is you bring in some form of outside counsel into help.  The need for help is definitely relevant, as you are reading this article for sound advice to solve intense problems.  Hey, there is always nonprofit help.  But wait, they are bombarded with cases and are running low on operating funds.  There is little detailed attention assigned to each case and they rely on the HAMP program, which has more holes in it than Swiss cheese.  Aggressive consulting is likely the best route to take.  No heavy fees or long term contracts.  However the ability to bring in enough fire power to stir up incredible problems for the banks.  A heavy hitting firm you can communicate with when you are stressed out.  A power house with a proven track record of winning.  We are that firm!  We have been crushing the competition for the last 14 years.  Let us prove it to you by contacting your bank free of charge.  You have nothing to lose and everything to gain bay calling us at 877.297.7011.

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2 Responses to “SHOULD I HIRE AN ATTORNEY FOR FORECLOSURE DEFENSE / LOAN MOD HELP?”

  1. Rose Mary Faciane Says:

    I filed a complaint against my lender, and then an injunction. But because I didn’t have the representation I needed, the opposing attorney came up with something those who calling themselves lawyer; who helped with putting all the necessary paperwork together should have prepared me for and known could possibly happen. So because I wasn’t able to secure the $20,000.00 bond the TRO went down the drain. The house had a Trustee Sale scheduled on the 16th of November. I am wondering is there something that can be filed against my lender to prevent them from evicting me, while I wait to appear in May 2019; when a court date is set for? My number is 209 594 6922.

  2. Timothy Stull Says:

    Hello Rose Marie: Was their enough merit within the lawsuit? Did the lawsuit survive the motion to dismiss? I will contact you to discuss your case. You can reach me at 877.297.7011.

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