My newest client hired several “foreclosure specialists” and paid thousands of dollars for “legal services” before retaining me last Friday. A quick review of the court records revealed that she had no legal representation of record.
Foreclosures are legal actions. There is a Summons, Complaint and service of process. If you do not interpose a timely response after you are served, you will be held in default and any defenses that you may have had will be waived. This is very bad for you and very good for the bank as the path to final judgment and auction becomes much easier.
Far too many foreclosure-defendants make the fatal mistake of hiring self-proclaimed “loan modification specialists” and/or “foreclosure super paralegals” instead of retaining an experienced lawyer for representation. I’ve explained in prior posts and cannot emphasize enough: non-attorney “foreclosure specialists” CANNOT legally appear, represent or defend you in an action, no matter how many online certificates they have. They are not lawyers. Their services are strictly limited to loss mitigation communications (i.e. completion and submission of hardship applications) directly with the bank – something that you should have been doing on your own prior to the legal action.
Strictly engaging in loss mitigation during a foreclosure action without legal representation (and legal defenses) is a very dangerous game to play. If a bank denied you a loan modification prior to the commencement of the foreclosure action, what makes you think Joe Smith (that you met at the local Starbucks) can help you save your home when there is a court appearance scheduled for next month? If settlement falls through, how will you and Joe respond when the bank’s attorneys move for a Default Judgment? You can ask me, I can advise you without hesitation.
When facing a legal action, retain an experienced legal advocate to zealously represent you. With mortgage loan delinquencies on the rise, these blood-sucking non-attorney leeches are in full-force, preying on distressed homeowners without providing any legal representation.
Who’s (not) representing you?