Thinking clearly in a matter of crisis, when you stand to lose your home, is not really something that you can count on. Therefore, the only viable solution is to make an effort and get yourself the Houston foreclosure defense lawyer who can best represent your interests
When foreclosure knocks on your door there is no time for second thoughts. In non-judicial states like Texas, this is the moment when you should definitely get a Houston foreclosure defense lawyer. If you are wondering why, then you must be reminded that, in a maximum of three months you are more than likely to lose your home unless you get proper legal support. If you had been living in a judicial state, you could have bought yourself more than a year but Houston is not in a judicial state.
The role of Houston foreclosure defense lawyer is to identify and employ the appropriate strategy or strategies that could at least buy you some time if not terminate the whole foreclosing process. But what are the common strategies which lawyers can adopt to succeed in their endeavors? Here are four foreclosure defense strategies that you may be interested to take a look at:
Wrongful Foreclosure Defense Strategy. This is the most commonly employed foreclosure defense strategy. It alleges that the foreclosure process is wrongful or unlawful based on a number of potential grounds including failure to comply with RESPA Qualified Written request to prove up amounts claimed owed, trial plan fraud, and loan mod scams. A Houston foreclosure defense lawyer can provide more details on such a solution.
Produce The Note Foreclosure Defense Strategy. This is a strategy which is based on the impossibility of the lender to provide the original note ascertaining your debt. The original note is the only way that a bank or any other financial institution can prove they have the right to foreclose. In most cases this is the one piece of paper impossible to find and that happens because it was either sold or parceled to other lenders. No matter if the lender can or cannot provide the note, forcing it to procure the note, can at least stop the foreclosure in its tracks.
Trial Plan Fraud Foreclosure Defense. This is where a Houston foreclosure defense lawyer would count on the greed of the lenders. It is amazing what such huge institutions can do for two or three more payments. What lenders do is they send a so called proposal to change the terms of the loan with the condition that you make two-three more trial payments according to the so called new loan plan. After they see the money, they either sell the house from underneath the owner or they reject the mod offer claiming that the borrower no longer qualifies for whatever reason they invoke.
Truth in Lending Rescission Foreclosure Defense Strategy. This strategy is based on the Federal Truth in Lending Law which says that lenders are required to provide the borrower with accurate material disclosures. If the finance charge and amount financed are not accurately, clearly, and conspicuously disclosed, there can be a cause for lending violation. And that can trigger a three year extended entitlement to cancel the initial loan transaction. A Houston foreclosure defense lawyer can advise you best in this respect.