Finding qualified legal counsel is difficult when it comes to Foreclosure matters. Knowing what to look out for in regards to qualifications will give the Client a better chance at the outcome sought, because it is the knowledge of the Attorney that the Client is relying on to find a solution.
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How do I know if the Attorney I am choosing is the best Attorney for me?
Your Attorney should be versed and have practical (real world experience) knowledge to review and advise you on your case at a bare minimum based on at Least the following laws:
1. Illinois Mortgage Foreclosure Act
2. Illinois Mortgage Foreclosure Rescuers Act
3. Illinois Consumer Fraud and Deceptive Business Practices Act
4. OBRE (Office of Banks and Real Estate) Regulations
5. Illinois Interest Act (IIA)
6. Illinois Fairness In Lending Act
7. Illinois High Risk Home Loan Act
8. Federal Truth In Lending Act (TILA)
9. Federal Home Ownership Equity Protection Act (HOEPA)
10. Federal Real Estate Settlement Procedures Act (RESPA)
11. Federal Equal Credit Opportunity Act (ECOA)
12. Federal Bankruptcy Laws & How Such Laws Are Evolving
13. Common Law related to consumer related transactions.
a. Common Law Fraud
b. Breach Of Fiduciary Duty
c. Breach Of Contract
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Finding The Right Foreclosure Defense Attorney
Very few Attorneys focus on this specialized field of law. If you find during the course of your interview that your Attorney does not have a grasp or a record of cases they can point to, to show they have worked on using the above defenses, or is only aware of Federal Bankruptcy Laws, you need to look further for an Experienced Foreclosure Defense Attorney. The laws designed to protect property owners and homeowners are powerful if properly addressed, and Attorneys who do not implement a strategy for you that do not include the above are potentially doing you a disservice.
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