Friday, October 2, 2015

3 Important Questions To Ask Your New York Loan Modification Lawyer

3 questions to ask a Long Island home loan modification attorney
When a homeowner falls behind on his or her mortgage payments, they may be facing the loss of their home through the legal process known as foreclosure. There are several ways to avoid foreclosure, including pursuing a loan modification with your mortgage lender, which involves modifying the terms of your mortgage contract in a way that makes it easier to make your payments and allows you to keep your home. Importantly, modifying a contract can require significant negotiation, so it is highly advisable for anyone seeking a loan modification to talk to an experienced lawyer.

When you first meet with an attorney, there are some questions that you should ask. Some of the most important are discussed below.

What are my options?
Loan modification is just one of several ways that you may be able to avoid foreclosure. In addition to modifying the terms of your mortgage contract, bankruptcy and foreclosure defense may be able to help. Some basic information about each is discussed below:

  • Negotiations – A mortgage modification is one out of several negotiations that a defendant can seek in a foreclosure matter. Other agreements sought are: short sales, forbearance agreements, deed in lieu agreements, short payoff agreements, agreements to allow a voluntary sale etc. However, by far the most sought agreement with the lender is a modification since it would usually allow the borrower to remain at the property and to cure and reorganize the mortgage loan.
·         Bankruptcy – Both Chapter 7 and Chapter 13 bankruptcy can halt foreclosure proceedings due to the protections offered by the automatic stay, which is an injunction that immediately stops any collection activity the moment a bankruptcy is filed. Furthermore, Chapter 13 often allows homeowners to restructure their loan in such a way as to stay in their homes as long as long as they keep up with their court-approved payment plan.
·         Foreclosure defense – There are often several ways in which a homeowner can directly defend against a foreclosure action, including drawing attention to procedural defects in the way the case was brought, inability to establish ownership of the mortgage, or fraudulent mortgage lending practices.

How long will the process take?
Foreclosure is a very time-sensitive issue. In many cases, a lender files a foreclosure action as soon as they are legally able to do so. For this reason, it is important to keep your attorney fully apprised of your situation and determine how much time you may have to pursue a loan modification.

What are the costs associated with loan modification?
Some attorneys operate on a flat-fee basis for loan modification services while others bill their clients hourly. Still others may base their attorney’s fees on obtaining a certain result for their clients. You should determine which way your potential attorney charges legal fees and obtain an estimate for the total cost of loan modification representation.

Contact a Long Island foreclosure lawyer today to discuss your situation

Individuals who are facing foreclosure should talk to an experienced lawyer as soon as possible. In many instances, the help of an attorney can help people keep their homes and modify their loan in a way that makes keeping up with their payments significantly easier. To schedule a free consultation with Long Island foreclosure attorney Ronald D. Weiss, call our office today at 631-296-0912 or send us an email through our online contact form.


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