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Would having an attorney "on record" help with a Settlement prior to a Trial during a foreclosure?
Anonymous8 views3 answers
Or would I have just as much chance getting a Settlement as a Pro Se?
I would think the bank would figure they would have more of a fight with an attorney as opposed to a Pro Se defense, so they would probably be more inclined to try to agree to a Settlement. But would it really make any difference?
Apparently no one wins at a Trial, either with an attorney or without, unless there is a super good reason/defense, (but I don't think I have one). But if it would help to get a Settlement before the Trial, I guess it would be worth the expense of an attorney. Is this correct?
I appreciate any answers and thank you for your time.
You sound defeated already. When I volunteer at legal aid and do foreclosure defense, rarely is it not worthwhile. There are so many defenses to allege and ways to enhance a settlement that are kept away from public knowledge.
Hire an attorney who KNOWS foreclosure defense and enjoy the ride. It can be wonderful.
James F. Feuerstein IIIBankruptcy AttorneyTavares, FL ·
If you are trying to save the house, have you considered filing a Chapter 13 Bankruptcy Reorganization. A Chapter 13 would stop the foreclosure process and could give you up to 60 months to amortize the arrearage on the mortgage as well as give you some relief from your unsecured creditors. There is also a very successful mortgage modification mediation process that could help lower your mortgage payment as well.
Please let me know if this answer was at all helpful by hitting the helpful button. Good luck.
You would be well advised to get a skilled foreclosure defense attorney on board before your trial. Attorneys have knowledge of various settlement options and possibilities and typically have more leverage in resolving matters then Pro Se defendants do on their own. Additionally, if your foreclosure defense attorney has experience in dealing with the banks law firm, or specifically the file attorney, that may also work to your benefit.
I hope this information is of benefit to you.
Melissa Karp Elsbree, Esq.
