What Are My Options If I Can't Afford a Foreclosure Lawyer?

Foreclosures are complicated: the servicer (on behalf of the loan holder) has to follow state-specific procedures, comply with federal loan servicing laws, and act in accordance with the terms of the mortgage contract. If the servicer fails to do any of these things, you might be able to stop the foreclosure, significantly delay it, or force the process to start over. If you want to fight a foreclosure in court, consider hiring an attorney; employing one is your best bet if you hope to save your home. But foreclosure lawyers aren’t cheap. You’ll probably have to pay somewhere between several hundred dollars to several thousand dollars to get a lawyer to represent you in the foreclosure.

If you don’t have money to hire a lawyer to help you throughout the foreclosure, you have several other options. You could:

• research foreclosure defenses on your own and handle the matter in court yourself without a lawyer (called acting “pro se”)
• pay for a single consultation with a foreclosure lawyer
• work with a pro bono (free) lawyer, if available
• get help from a no-cost or low-cost legal aid society, if you're eligible, or
• attend a foreclosure prevention clinic.

Also, most people can apply for a loan modification or other foreclosure alternative without an attorney’s assistance. And if your goal is just to stay in the home (payment free) during the foreclosure, you probably don’t need to seek a lawyer’s help.

Representing Yourself in a Foreclosure

To contest a judicial foreclosure, you must file a written response (called an “answer”) to the foreclosure lawsuit with the court handling the case by the set deadline. The answer should include any defenses you have and why the court shouldn’t let the foreclosure go ahead. You’ll also have to respond to motions, manage discovery, and perhaps handle a trial. If you present proof that the servicer made an error in the required procedures or skipped legal steps, you might be able to stall or stop the process, or the court might compel the servicer to restart the action. Sometimes, pointing out foreclosure mistakes can provide leverage in working out a modification or other alternative to foreclosure.

Nonjudicial foreclosures happen outside of a court's supervision, so you’ll have to file a lawsuit to challenge this kind of foreclosure. You should include a motion for a temporary restraining order and preliminary injunction to enjoin (stop) a foreclosure sale while your case is being litigated. People in this situation also typically request a permanent injunction from the court. If you’re able to convince the court that you have a valid argument, the judge will halt the foreclosure until you can produce your full case at trial.

If you decide to represent yourself in a foreclosure, you’ll have to do your homework and dedicate a lot of time to your case. You’ll need to learn foreclosure laws, defenses, and procedures. You’ll also have to understand court rules and any relevant court decisions that might help you. State laws and court rules set deadlines you need to meet, so you might have to complete your research in a relatively short time frame. Because an attorney will be aware of all possible defenses and tactics for your situation—and know the proper way to use them to fight a foreclosure in court—it’s best to get at least some help from a lawyer.

Paying for One Consultation From a Foreclosure Attorney

If you can't afford to hire an attorney to represent you during the entire foreclosure, consider scheduling at least one consultation. A lawyer can tell you exactly how foreclosure works in your state, how much time the process will likely take, potential defenses in your particular circumstances, whether your state offers foreclosure mediation or other special protections for borrowers, and what alternatives might be available to you. The lawyer can also help you decide your next steps and explain your legal rights.

Also, be sure to ask how long you can stay in your home under state foreclosure laws. You legally own the property and can remain there until the new owner who buys it at the foreclosure sale gets title. Some states allow foreclosed homeowners to live in the property until a post-sale redemption period expires or until some other action, such as ratification of the sale, happens.

Working With a Pro Bono Lawyer

Some lawyers accept pro bono cases, which require no fee or sometimes a reduced fee, to assist homeowners with low-incomes or based on other qualifying factors. To find out about pro bono foreclosure attorneys in your area, contact your state bar association.

Getting Help From a Legal Aid Society or a Foreclosure Prevention Clinic

If you meet eligibility requirements, a legal aid office might be able to help you for little or no cost. Most states offer legal aid programs to those with low incomes. To get a list of various legal aid programs in your area, go to the Legal Service Corporation's website. If you’re browsing online looking for foreclosure help, be very careful to avoid for-profit foreclosure relief scammers. Use only a legitimate, non-profit legal services organization.

Also, some housing agencies offer free foreclosure prevention clinics. At the clinic, volunteer lawyers or housing counselors assist homeowners either one-on-one or in a group. The lawyers or counselors generally answer questions and give information about the process, like what documents you need to take to court, how to get a loan modification, and what you can do to avoid foreclosure rescue scams.

When You Might Not Need to Hire or Meet With a Lawyer

In some situations, you might not need to pay for a consultation or meet with a lawyer. You probably don't need to talk to an attorney if you don’t want to challenge the foreclosure, your servicer has treated you fairly and followed the law, and you simply want to live in the property through the foreclosure process. Though, you should learn what procedures state law requires, your rights under the law, how long a foreclosure typically will take where you live, and precisely when you’ll have to give up possession of the home. By understanding the process and relevant laws, you can make sure your rights aren’t being violated and find out exactly how long you get to reside in the home.

You also probably don’t need to meet with a lawyer before applying for a loan modification or other way to avoid foreclosure. (A modification is a permanent change to the loan terms, which makes the monthly payments more affordable. Other foreclosure avoidance options include a short sale or deed in lieu of foreclosure.) Call your loan servicer and ask for what’s called a “loss mitigation” application. If you need help applying, a HUD-approved housing counselor can provide assistance at no cost. However, if you apply for loss mitigation and the servicer illegally dual tracks your loan (continues the foreclosure while your application is pending, like by asking for a foreclosure judgment from the court) or otherwise violates state or federal law, you should address these violations by contacting an attorney immediately. It’s very difficult to get your home back or challenge illegalities after a foreclosure sale, and you’ll be much more likely to prevent a sale if you get a lawyer’s assistance.