Should I Trust The Foreclosure Lawyer To Advise Me?
Should I Trust The Foreclosure Lawyer To Advise Me?
Is The Foreclosure Lawyer My Friend? Is He Or She Looking Out For Me As A Homeowner?
As we speak with and represent more and more Alabama consumers who are facing foreclosure we are running into a disturbing trend that we want to alert you to so you can not fall victim to this misunderstanding.
The lawyer who represents the mortgage company or the servicer is NOT your friend.
He does not represent you.
She does not have your best interest in mind.
You must proceed with extreme caution when dealing with mortgage companies and with their lawyers as they are in an “adversarial” position to you.
That is they do not have your best interests in mind – instead they have their best interests in mind.
Who Does The Lawyer Represent?
The foreclosure lawyer has been hired by the mortgage company or by what some refer to as “the ghost in the machine” which is Fidelity out of Florida.
Fidelity runs the software that a large percentage of mortgage companies (servicers) use to handle foreclosures and bankruptcies.
It is the software that allows the foreclosure lawyers to access certain information about your account.
The point is that the foreclosure lawyer does NOT work for you.
He or she does not represent you.
Always remember this.
What’s The Big Deal About The Lawyer Not Representing Me?
Here’s the reason this is significant.
So many consumers will call the foreclosure lawyer’s office and start asking questions such as:
- Can I still save my home?
- What are my options?
- Do I qualify for a loan modification?
- Should I file for bankruptcy?
- Does the mortgage company really own my loan or have the right to foreclose?
- Is the foreclosure still going forward?
- Will I get sued for ejectment?
I’m not saying it’s wrong to ask questions (big fan of it actually) but we are seeing more and more consumers are relying upon what the foreclosure lawyer tells them and then not taking action.
Sometimes the foreclosure lawyers (or more accurately their staff) are not pleasant to deal with according to many reports we have seen from Alabama homeowners we meet with.
But other times they are are very nice and this can be disarming in that the homeowner may think “Well, the nice person at the lawyer’s office didn’t say anything about a foreclosure so it must not be happening.”
Then the foreclosure happens and the homeowner could have taken steps to stop it.
Okay, What’s The Bottom Line To Talking To And Dealing With The Foreclosure Attorney?
You must be careful and on your guard.
Remember these lawyers make their living by representing the interests of the mortgage companies.
Some of them are not even allowed to talk to the mortgage companies – instead they take their orders from an intermediate company such as Fidelity.
So if they represent Fidelity or the mortgage companies, you can be sure they don’t have your best interests in mind.
Gather information from them.
Talk to them.
But never let down your guard and think just because they are nice to you that they won’t really foreclose.
They will really foreclose.
They will really send you a letter demanding you to leave your home in ten days.
When you don’t . . . they will sue you for ejectment without mercy.
Alright, What Should I Do?
Do what we preach over and over on this website, in our videos, on our blog, and directly to our clients:
Learn what your rights are AND take action.
Don’t rely upon what the lawyer your adversary has hired tells you – instead you learn what your rights are so you can do the best thing for your family.
You can get in touch with us by phone at 1-205-879-2447, or you can fill out a contact form and we will get in touch with you as soon as possible.
Have a great day.