Tuesday, July 19, 2022

Real Estate Lawyer Mississauga: Do you need a Lawyer for Foreclosure?

 When faced with a foreclosure, you need to evaluate whether the home is worth fighting for and whether it’s worth getting and paying a lawyer for. Fighting against foreclosure and hiring a lawyer to help is only worth it if you have a valid defence. That said, if you are faced with foreclosure, these are the ideal situations for hiring a real estate lawyer Mississauga.

You want to keep the home.

If you have a valid defence and are determined to keep your home, you will need a lawyer. Some of the defences that require the help of an attorney include;

1.    The foreclosing party has no proof that they own your loan, meaning they have no standing to foreclose.

2.    The servicer made a grave mistake with your account

3.    The servicer did not follow the rules and procedures surrounding foreclosure

Every foreclosure defence is unique, and each case has nuances that can turn the tide for or against you.

You are in the Military

Any active service member of the military has special protection by the law against foreclosure. This comes with a bunch of other rights under the civil act, which is expensive and complex. If you are in the military and are facing foreclosure, get a real estate lawyer Mississauga to inform you of all your rights under the act. This will ensure that your servicer complies with the law saving you from foreclosure.

Dual Tracking by the Servicer

If you have already applied for loss mitigation and the servicer is still dual tracking – carrying on with foreclosure even with a foreclosure alternative pending - you must deal with the violation immediately before the servicer sells the home. It is almost impossible to get back home after foreclosure. Having a real estate lawyer Mississauga deal with your case will have you move faster before a foreclosure.

The above defences are strong enough to stop a foreclosure from occurring. Hiring a lawyer is the best way to ensure you secure your investment.





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