How do I find the right Alabama foreclosure defense lawyer?
But how do you find the right one?
Here are some thoughts for you:
- Are you confident the lawyer knows what he or she is doing?
- Is there a strategy for how you will stop the foreclosure (hint: more than just telling you to “file bankruptcy”)?
- Do you feel comfortable that the lawyer and the lawyer’s staff are going to be easy to work with?
- Are you questions answered?
- You feel good about the fee that you will be charged?
- Ultimately, you trust your gut feeling
Let’s look at these in more detail.
How confident are you that the lawyer knows what they are doing as far as stopping a foreclosure?
This may seem obvious but we have seen people spend a lot of money on lawyers that they did not think could help them.
Only spend money on a foreclosure defense lawyer if you feel very good that the lawyer can stop the foreclosure.
Certainly, there are no guarantees. And sometimes everyone enters a case knowing it is a long shot. But you should make sure that you feel confident that you are getting the right lawyer. Getting a lawyer that can help you or give you the best chance of being successful in stopping the foreclosure.
Will the lawyer share the strategy with you on how to stop the foreclosure (and “filing bankruptcy” is not much of a strategy!)
An old trick of lawyers in years past was to say, “I can’t tell you how we will do that. You have to pay me first. Just trust me. I have a plan.”
You make your own choice but I would run from that.
Get the gist of the strategy. What are some of the arguments to be made? What are the strengths and weaknesses of each argument?
Don’t expect a lawyer to explain everything but you should know, at least at a 30,000-foot level, what the plan is to stop a foreclosure.
For example, often we use the mortgage to give us the right to sue the mortgage company before the foreclosure. And if we have a defective notice of default (also called a default letter) then that is helpful as well.
We also use the FDCPA (Fair Debt Collection Practices Act) if the mortgage company is a debt collector and has lied or acted unfairly.
Perhaps there are violations of the RESPA (Real Estate Settlement Procedures Act).
While we don’t reveal everything on our website — we know mortgage companies and lawyers read this — we are not bashful about sharing our strategies. Many lawyers think this is crazy but we are wanting clients who feel confident and comfortable hiring us. And most clients want to have a general idea of what we are doing to stop a foreclosure.
Here’s an article we wrote for lawyers about why filing bankruptcy is not a good move for most Alabama homeowners facing foreclosure.
Do you feel comfortable with the lawyer and the staff — can you see yourself working with them on your very important case?
There is no right or wrong answer. You simply decide if you can work with them.
Here are some questions you might ask yourself:
- Is it easy to ask questions?
- Do I get answers to my questions?
- Can I speak with them by phone or email or do I have to go into the office for every meeting?
- Do they explain things to me in plain English?
- Are they arrogant or down to earth?
- Do they seem to care — is there any passion in what they are doing?
- Will they tell me the truth even if it is not what I want to hear?
- Does it make sense what they are telling me?
Ultimately you have to decide if you feel comfortable with the lawyer and the paralegal/secretary. A big part of this is having your questions answered — let’s talk about that next.
Your questions — do you get answers to them?
Some lawyers hate being asked questions.
They find it insulting that a non lawyer client would dare ask a question. “Instead you should just be quiet and listen to me” is the attitude of many lawyers.
I guess some people might like that — no thinking involved.
But if you are on my website, I doubt you feel that way. You found your way here by typing in a question.
My suggestion is to make a list of all questions you have.
And then make sure those questions get answered.
This is incredibly important — saving your home. Make sure you get your questions answered. How can you feel comfortable without having your questions answered?
Is the fee a fair amount — do you feel comfortable paying it for the services you will receive?
Let me be blunt. You are going to pay if you hire a foreclosure defense attorney.
We have people that want us to work miracles at the last minute but somehow think it is unfair to pay us. They want a free home and a free lawyer. (Read our article on the types of clients that we refuse to represent).
Good luck with that.
If you are serious about saving your home you will spend time and spend money to save it.
When you truly know what you are getting and you know what the total cost is, then you can decide if it is fair or not fair for you.
Any lawyer should gladly explain their fee and put it in context for you so you know what is happening.
What does your gut tell you — what is your instinct?
This is where it all comes together — you have done your research. Your due diligence.
Asked your questions.
Pondered the risks and benefits. The costs and rewards.
What does your gut tell you?
Hire this lawyer or not?
My suggestion is listen to your gut feeling — certainly analyze and think but ultimately you will know what to do. Then embrace that and go with it 100%.
OK, now what do you do?
As you consider a lawyer, run through these questions or topics. If you have a bad feeling about a lawyer, then move on.
If you feel comfortable, then move forward.
You are very welcome to call us to discuss a strategy of successfully stopping a foreclosure on your home. Call us at 205-879-2447 and ask for Randi. Also, let the receptionist know the date of your foreclosure. We prefer to have a bit of time to work with but we have been hired the day before a foreclosure. That’s tight on time but it is still doable.
Or you can fill out this form and this will give us your contact information, the date of the foreclosure, and any questions you have for us. We’ll get right back with you.
Thanks and talk to you soon!