 TITLE: Should I Hire a Foreclosure Attorney? CONTENT: When Does It Make Sense to Hire a Foreclosure Attorney?\n-------------------------------------------------------\nYour lender usually has to wait until you're at least 120 days late on your payment to initiate either a judicial or nonjudicial foreclosure, depending on state laws. In a judicial foreclosure, you respond to the lender's lawsuit through the state court system. To fight a nonjudicial foreclosure, which doesn't require the lender to secure a judge's approval, you have to file your own lawsuit for the court's consideration. In either process, you should usually seek out an attorney for some situations in particular, such as when:\n*   **You think you have a valid defense.** A foreclosure attorney can determine whether the lender followed proper practices, made any mistakes with your account or has the legal standing to foreclose on you. If an attorney is able to find a valid issue with your foreclosure, it could turn the legal tide in your favor.\n*   **Your legal options are limited, but you want to keep your home.** Even if it's unlikely you'll be able to mount a legal defense, an attorney can help you keep your home by aiding in negotiations with your lender. If you expect a foreclosure, it's best to get legal advice as soon as possible.\n*   **You have a government-backed loan.** For example, a loan backed by the Federal Housing Administration (FHA) might qualify for additional aid, so you'll want to ask an attorney for guidance.\n*   **You've served in the military.** Military members, past and present, can meet with a lawyer to discuss possible protection against foreclosure under the Servicemembers Civil Relief Act (SCRA).\n*   **There are pandemic-related complications.** Local and federal governments continue to implement and update foreclosure laws. Depending on the terms of your mortgage and where you live, you may even be subject to a temporary foreclosure moratorium that protects you from losing your home for the time being. You may also have a right to request \"forbearance,\" meaning a pause in your payments, or other relief options. An attorney will know which current regulations can apply to your situation, and what the best option might be.\nOn the other hand, some foreclosures can be handled with little or no help from a lawyer:\n*   **You don't want to keep your home.** You may already be looking for more affordable housing or requesting a loan modification (more on that later), so an attorney may not be necessary—but you'll still be in charge of handling any court-required legal documents if you're facing a judicial foreclosure.\n*   **You don't have a defense for your case.** A lawyer should be able to tell if you have a potential defense during an initial consultation. If you have no grounds to fight the foreclosure, you can likely manage the rest of the process without a lawyer. END