Is it common that the bank require using their attorney for a foreclosure?

Nocman_2
Home Seller
Dallas, GA

What will they do for me? Should I hire one to represent me as well?

Answers (4)
Bill Eckler-Flo...
Agent
Venice, FL

Banks consistantly take the position of protecting their best interests while limiting the buyers options as much as possible. You are correct in taking the position of protecting your rights and seeking personal representation.

Good luck

Tue May 12 2009, 04:30
Keith Manson
Agent
Milwaukee County, WI

A foreclosure is a law suit and thus banks hire a foreclosure attorney to respect the laws of each state they have business and are forced to foreclose. The foreclosure attorney will process the foreclosure at the direction of the lender. If you have issues that suggests that the reason for foreclosure is incorrect, then when the bank sends you a complaint you may want to hire attorney or you defend your self (if you feel confiedent) to respond with a countercomplaint for the court to take into consideration in the foreclosure process.

If you want to stay in the home I would contact the bank to see if you can work out a modification before I would hire an attorney. However, if you already received the complaint you need to deal with that now.



Keith Manson
First Weber Group
Certifed Distress Property Expert
Greenfield,Wisconsin

Tue May 12 2009, 04:24
Stew Keene
Agent
Phoenix, AZ

Nocman_2,

When I have seen attorneys involved in Foreclosures it's usually because the transaction is conducted initially through the attorney hired by the bank that assists in reviewing the documents required for the short sale including the original contract and bank addenda (typically drawn by attorneys). The banks will use real estate attorneys in all different states because the contract laws are different for each.

What will usually happen is that the attorney will send over the paperwork to the title and escrow company to conduct the step down title research and arrange for transfer of funds and other various instruments needed to close on your home purchase.

Your buyers Realtor you are using should be able to help you understand this a little better.

If you are not using one and need assistance we would be happy to assist you.

All the Best!

Stew Keene
Signature Realty Group
2008-2009 Master of Real Estate Award

Mon May 11 2009, 10:56
A.J. Zaki CRS,...
Broker
Boca Raton, FL
FIRST ANSWER

There is nothing common when it comes to foreclosure transactions ,yes you should have your own attorney to represent you here.
Good Luck
A.J.Zaki

Mon May 11 2009, 10:41

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