8 tips for choosing a foreclosure attorney
The remedy depends upon what type of legal problem that the lawyer identifies.
If the problem is a missing note, or a robosigned legal document, then the attorney probably can only delay foreclosure -- not prevent it. This kind of procedural defense can give the homeowner leverage to negotiate a mortgage modification or other kind of workout, Asbury says.
In cases involving predatory lending, the lawyer can file administrative complaints with state or federal regulators, or file a lawsuit in state or federal court. Ideally, this gets the mortgage servicer to the negotiating table. "You're not going to give the person a free home, but you could redo the mortgage," Rheingold says.
Brown says, "Part of the evaluation process is to determine whether it's at all possible to get compensation from the entities that harmed them. Sometimes that's part of the process of trying to keep the home."