Sell a House or Property FAQ
Q. Should I try and sell my house myself?
A. FSBO (for sale by owner) is always an option while you own the property. Most Lenders will require that you list your home for sale with a REALTOR who subscribes to MLS, since they are licensed and are most credible of selling property. The listing Agreement is often proof of your willingness and attempt to sell, which in turn, the lender might allow more time. However, if you do not have a realtor, we can assist you in finding one. Contact us for a No-Cost consultation.
Q. I've already talked with my lender and they just want all their money. Can you still help me?
A. Yes. Most people have experienced this from their lenders before calling us. Watch how fast they change their tune when they know they are dealing with a law firm performing a Forensic Loan Document Audit. Envision their response if/when evidence of loan fraud, predatory lending, or TILA/RESPA violations are discovered.
Q. What can a loan modification do for us?
A. The goal of a loan modification is to work out an agreement between the homeowner and the lender that will allow the homeowner to remain in the home. Lenders are more likely to respond favorably when there are violations of state or federal regulations discovered in your loan package, or current servicing violations. The last thing they want is a law suit. If we find enough violations in your documents, or servicing history, the lender will have little choice but to modify the loan or face judicial litigation.
Q. How long do we have to act?
A. Time is of the essence when you are behind on your house payments and/or currently in foreclosure. Each day that passes makes it that much harder to work out an agreement with your lender that benefits you. The average foreclosure process usually takes approximately 90-120 days. When we find evidence of loan fraud and/or predatory lending, the lenders typically cease the foreclosure process in order to give their legal department time to review.
Q. How do we stop foreclosure?
A. We perform a detailed forensic review of your purchase agreement, loan documents, and servicing history for any violations we can use to get your loan modified into a loan beneficial to you. We review your lender's loss mitigation policies and apply it to state and federal regulations while using our forensic audit findings as leverage to get the desired results. By working with you and your lender, we can attempt to solidify an agreement between you and your lender that meets your specific needs.
Q. Do I have enough time to stop my foreclosure?
A. Yes. If a trustee sale date for your house has been set you need to act fast. In these cases, please ask about our emergency foreclosure defense services. One of our attorneys will get involved to stop the foreclosure sale. Again, time is of the essence, call NOW.
Q. What if there are no discrepancies found in my paperwork? Can you still help us?
A. Yes. We can still proceed with negotiations for a loan modification based on your financial situation as it stands today. Again, if a loan modification makes sense to the lender, they may comply and modify the loan into a loan with new terms beneficial to you. You will be required to provide documentation to prove your hardship, expenses and income.
Q. I'm currently in bankruptcy. Can you still help?
A. Yes. But we cannot move forward with loan modification with your lender until your BK has been discharged or dismissed from the U.S. Bankruptcy Courts. You will need to consult with our attorney.
Q. Should I file for bankruptcy to save my house?
A. Maybe, but not before we examine all your documents and our attorney reviews your file. The attorney will recommend some appropriate options at that time. Use bankruptcy as a last resort to saving your home. Once you file a bankruptcy, there is little we can do to negotiate a loan modification even if there's evidence of loan fraud.
Q. Should I just let my house go or give it to the lender/bank?
A. Depending on the timeline available and the results of the forensic audit, you may still be able to get a loan modification and save your home. This will need to be determined by the attorney after we have analyzed all your documentation and performed the audit. If no results are found and your lender does not grant a loan modification, you can speak to us about your other options, including a short sale.