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I have a 11.750 enterest on my morgage, and just got layed off. what kind of attorney can help me get a home modification.

Dallas, TX |
Filed under: Foreclosure

I have a 11.750 enterest rate on my mortgage. I was layed off 3 weeks ago, and I'm behind 3 months on my mortgage. I need a modification , so my payment can be more affordable. I'm getting alot of letters with different companies. I heard attorneys also do modification's. Most companies are asking 2,500 up front. I would feel comfortable with a law firm. Is their any in Dallas Texas that are honest? And is their such service that law firms help with?

Attorney Answers 2

  1. I would contact the Dallas Bar Association.
    First read the website of your loan provider (ex; Wells Fargo) whoever holds your mortgage.
    Or you can Google "refinance" or "modify" Mortgage and there is a website under the Dept. of Treasury (Sec.'y Geithner) which deals with the economic stimulus package and what mortgage relief is included.
    You would have to work with a law firm that specializes in consumer law, or bancruptcy, and work with an attorney who has done this recently. But here is what you need to prove to your lender:
    1. What income do you presently receive? (Proof of income=Pay stub)
    2. You must write the letter to your lender (Mortgagor) as to your present hardship:
    a. request a lower rate
    b. request an extended return
    c. request a lower monthly payment
    3. Put together a financial worksheet that shows your monthly expenses (ex; groceries, utilities, fuel, rent, etc.) in a legible form and be able to show via this model that your hardship is real.
    If you live in a suburb like Garland they also have a bar association. Do not hire a "Billboard Lawyer"
    The best way to find an attorney is to talk to friends at church or in the neighborhood. If you know a lawyer he or she might refer you to the right person. There are dozens of honest firms in Dallas, but you have to find them, do not trust a stranger. Good luck!

  2. Whatever you do, please do not hire a "Mortgage Rescue Company" or "Loan Modification Company!" When your most valuable asset is on the your home during a loan modification or potential foreclosure, make sure that you hire a qualified licensed and experienced attorney to represent you in such an important matter. The loan modification process is long and dysfunctional and there may be many pitfalls along the way. The process alone typically takes between 3-4 months. If you are already behind in your mortgage, there is a real possibility that you will be served with the foreclosure Summons and Complaint during this process. I cannot tell you how many clients come to our office that have been "SUCCESSFULLY NEGOTIATING" a loan modification only to be served with foreclosure papers. This happens all the time. This happens because the Loss Mitigation / Loan Modification department is wholly separate from the Lender's Legal Department and each department has their marching orders. These departments DO NOT COMMUNICATE with one another. The Legal Department will not hold off foreclosure proceedings and you will have to hire an attorney to defend the foreclosure action. It does not make sense to hire a "Foreclosure Rescue Firm" or "Loan Modification Company" if they cannot stand shoulder-to-shoulder with you in the courtroom. Many experienced attorneys help negotiate the Mortgage Loan Modification in conjunction with providing a foreclosure defense. Furthermore, many qualified firms will include the cost of a significant portion of the foreclosure defense together with the cost of the Loan modification. Therefore, if there is even a possibility of a foreclosure, it makes more sense to hire the attorney sooner rather than later. Beware of these Mortgage Rescue companies. Many of them are out-of-work mortgage realtors and mortgage brokers. If you are tempted to engage one of these companies, please make sure you review the recently enacted law by the Florida Legislature which specifically targets these companies, The Florida Foreclosure Fraud Protection Act. Among other things, this law prevents these foreclosure rescue companies from getting paid up front and also requires a "Cooling off" period. The Banks have lawyers. You should have a lawyer on your side.

    Respectfully submitted,
    Frederick A Neustein

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