It is important to remember that the idea behind winning many times is teamwork.One may be tempted to go at a situation alone but there could be a greater likelihood of success when the right counsel is brought onto the scene.
Indeed, in matters to do with mortgage disputes, often times the pursuit for justice by both the mortgage firm and the aggrieved homeowner is often marked by the engaging of legal counsel. One of the merits upon which certain counsel is involved is expertise. A wrongful foreclosure lawyer ought to be one well skilled in the dynamics that come into play when such parties are involved in a legal tussle.
A good lawyer will first of all weigh the grounds for prosecution upon which the case is founded. This will include;
The evidence against the mortgage provider:
It should be proven to the best of the lawyers;s ability to do so that there in fact is a case that the mortgage company has to answer for.
The total cost of the proceedings:
As is always the case, court proceedings are costly, the lawyer’s fees not withstanding. The client should be made well aware of this and in advance.
The competence of the counsel: It is important to take into account the expertise of the opposing counsel.Nothing is to be left to chance at the preliminary stages.
Wise legal counsel will holistically view the case and often try and push for out of court settlement, mainly because of the legal fees incurred as well as the duration of legal processes. However, should it be clearly established that the should be prosecuted, then counsel will seek to prepare a strong case against the defendant.
Wrongful Foreclosure Lawyer
It is important to note that prior to the foreclosure sale and at any stage of the process,
the homeowner is allowed to file an injunction against the foreclosure until the lawsuit is resolved. This is to say that for the duration of the court proceedings where the lawsuit is concerned, the sale of the premises is prohibited. This will only be issued by a court that ascertains that the injunction will protect the homeowner from the detrimental harm or when the court feels that the client is worthy of the injunction.
The frequency of lawsuits is on the increase because toxic mortgages are still in operation in many parts of the world; mortgages that have such high and fluctuating interest rates, the potential homeowner is unlikely to ever enjoy their home and honor the payments that secure a roof over their heads.
It is the work of the counsel to ensure that the facts of the case are solid enough to warrant going to court. It is also their sole responsibility to inform the client of the realities of the court proceedings, how long they are likely to run and the likely eventuality that the client could incur quite a financial cost and end up not triumphing.
Going forward, it should homeowners should be seeking legal counsel well before signing into any mortgage deals. Instead of seeing a lawyer when the situation gets bad, the lawyer should be approached earlier so as to review any documentation and ensure that no clause contained therein would be used against the homeowner.