Foreclosure Defense Lawyer
Foreclosure defense attorneys can help people trying to avoid foreclosure with several different options. Probably the most common is to file bankruptcy or try to get a HAMP loan modification. In addition to filing bankruptcy some foreclosure defense attorneys may chose to file a lawsuit if they suspect foul play by either the lender or Mortgage Company servicing the loan. Recently there has been a wave of lawsuits filed against some of the Country’s biggest mortgage lenders. Bank of America, Wells Fargo, Chase, CITI and One West Bank are all being challenged to produce the note and prove they have the right to foreclose. Some of these lawsuits are filed before and after consumers file bankruptcy with a bankruptcy attorney. The attorney can approach the courts Trustee and challenge the securitization of the asset to prove it’s a secured asset. If not, it may be dischargeable as an unsecured asset in a Chapter 7 bankruptcy filing. While not all bankruptcy attorneys have the knowledge and expertise to pull this off, some foreclosure defense attorneys that litigate and file bankruptcy do.