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In Illinois, it legal to give online consultations on how to avoid foreclosure? Do I need a license?

Chicago, IL |

I would like to give online consultations on how to avoid foreclosures and how to negotiate lower mortgage payments. I am a foreclosure consultant and I would like to give advice on how to avoid foreclosures. Is it legal to give online advice on how to avoid foreclosures in Illinois, I have received foreclosure training? Do I need a license?

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Attorney answers 3

Posted

It is not permissible to give legal advice under any circumstances unless you are a licensed attorney in the state you are providing the service. This can subject you to charges of the unauthorized practice of law. You have not stated what kind of advice you would be providing or what population you are serving. There are many foreclosure 'rescue' services out there and most of them have their toes on the line. Foreclosure is a legal process and should be handled by an attorney. You also do not mention what kind of training you have, but each state has rules and laws about business and professional services, licensing, and certifications required to distribute information to the public.
Those facing foreclosure should be advised to maintain contact with heir lender to review foreclosure alternatives available to them and should be encouraged to seem legal assistance before embarking on foreclosure matters. There is much at stake in these situations and it should not be taken lightly.
I encourage you as well to seek the advice of an attorney who can better assess your proposed business and keep you from running afoul of the law.

Posted

Foreclosure is a very complex legal process. The banks are also given great favor by the courts despite the errors, false documents and other misgivings in their procedures processes. Coupled with what seems as their standard policy of "dual tracking" (offering loan mod teasers, while accelerating foreclosures), borrowers are severely outmatched.

Further complicated by some attorneys who haven't fully or don't fully grasp whats required in the foreclosure process and what real defenses may be available. For example the implications of trustee foreclosure plaintiffs and the legal application necessary to unravel or defeat a foreclosure.

Its is absolutely imperative that anyone seeking to save their hime consult with foreclosure defense attorneys (avoid attorneys who charge for their consultation) and speak to bankruptcy attorneys to find what is the best fit for you.

This website is a good resource to help you in your search. www.foreclosuredefenselawoffice.com.

Good luck.

Posted

If you are providing any information regarding legal topics, you must be licensed to practice law. In my opinion, discussions on avoiding foreclosure in Illinois cannot take place without discussing the legal aspects due to Illinois being a judicial foreclosure state. As such, you should possess a license to practice law in Illinois if holding those discussions (whether online or not). Any conversations that attempt to circumvent the legal aspects are not likely complete discussions on avoiding foreclosure.

Disclaimer: The response given is not intended to create, nor does it create, an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the states of Illinois and Michigan. Responses are answers to general legal questions and the inquiring party should consult a local attorney for specific answers to questions.