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Debt Relief – Insolvency – Bankruptcy Information » Foreclosure Law » I need to start foreclosure papers on people who haven’t payed me in a year. How can work without an attorney?

I need to start foreclosure papers on people who haven’t payed me in a year. How can work without an attorney?

I carry the note on the property with a clear contract that they have breached.


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4 Responses to "I need to start foreclosure papers on people who haven’t payed me in a year. How can work without an attorney?"

  1. Mark says:
    Without an attorney, you will lose.
  2. Alterfemego says:
    You need to hire an attorney to file the correct documents with the courts.
  3. Alan G says:
    You would be much better off with a pro. If you can’t get an expert in this field to work on contingency, than seel out a young atty that might work for a low fixed rate. Give this guy all your biz in the future.

    Good Luck – and next time, take action in the 2nd month. It will be easier w/ your new atty!

  4. foreclosurefish_com says:
    I’m not sure why you’ve let them get so far behind without starting this process, but it’s time to make a change.

    I would recommend speaking with them to find out what the problem is and if it can be resolved. As an lender, you have the ability to save yourself a lot of trouble and loss by doing a loan modification. Of course, this only works if they can afford to make payments, which I’ll assume they can’t, since it’s been 12 months. But as a general rule, for everyone involved, a loan modification is a much better option than foreclosure.

    It’s not necessary to have an attorney when you are representing yourself. If you are willing to do the research and spend the time foreclosing, rather than paying someone else to do it, then you will likely be successful. If you were being sued for lender misconduct or predatory lending, I would not recommend representing yourself. But it’s possible that you could have a very simple case and save yourself several thousand dollars.

    Problems will arise when you realize how much work it is and how long the process can take. Not to mention all the legal issues the homeowner could cause during the foreclosure process. In the end, you will probably wish you had hired a professional to do it for you.

    That being said, if you still want to attempt the foreclosure on your own, you’ll need to begin by researching your state rules on foreclosure. Every state is unique and there is a different set of guidelines you’ll need to follow. Each state has a different timeline with foreclosure too. Your state website or attorney general website is probably a good place to start. Just do a search on “foreclosure laws” or “filing foreclosure”.

    Making a phone call to the county court might be a good idea to. If you are in a judicial state, almost anyone there will be able to explain the foreclosure process to you, or at least point you in the right direction.

    In general, here are the steps that will need to be taken to foreclose on a property (not necessarily in the right order):

    1. Obtain proof that a mortgage exists. (original paperwork)
    2. Notify the borrower and other lien holders of the delinquency.
    3. Give borrower a chance to rectify the problem.
    4. File a notice of default or lis pendens with the court/public/everyone involved.
    5. Find a trustee to handle the sale
    6. Notify everyone of the sale newspapers/certified letters/posted on door, etc..
    7. Possibly defend your right to foreclose in court.
    8. Sell the home at the trustee/sheriff sale

    At the sale, you’ll likely have to get the home back, so you can re-sell it for it’s maximum value. If someone bids enough, then you won’t have to worry about it any longer, but this rarely happens.

    After you get the home back, then you’ll need to deal with the eviction process. This has another set of legal guidelines you’ll need to follow, but generally, you’ll just need to give proper notice and then you can show up with a sheriff and eviction crew.

    This whole process can be very expensive and time consuming, if the homeowners are not cooperative. They may also hire an attorney or someone like me to try and fight the foreclosure.

    There are many legal defenses against foreclosure that could tie you up in court for a long time. This is why so many people here will recommend you actually hire an attorney for this process.

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