Do I need a lawyer to fight Bank of America for foreclosure?

If you are facing foreclosure and your mortgage lender is Bank of America, you should be prepared to fight Bank of America with the assistance of an attorney. Foreclosure laws are different in every state, so some of the generalities contained below should be checked for accuracy against your state laws, but foreclosure is a serious transaction that can affect you for years to come.

You should also remember that Bank of America has experience handling hundreds and hundreds of foreclosures, month in and month out. Most likely, this particular foreclosure is your first one, which makes you a novice going up against a sophisticated bank with an army of employees and attorneys at their disposal.

How Can a Lawyer Help?

• Explain your options to you so you can make an informed decision.
• Contact your lender and negotiate on your behalf, as appropriate, such as with a loan modification.
• Conduct a forensic loan audit to find out if Bank of America (or another company it has since purchased, such as Countrywide) violated any laws from the time you made loan application through closing.
• Can ensure that the foreclosure process is happening lawfully and that proper procedure and time lines are being followed.
• Negotiate a short sale approval or an agreement to accept a deed in lieu of foreclosure.

Of course, the earlier in the process that you hire an attorney to assist you the more likely they are to be successful and help you avoid a foreclosure. The clock is ticking by the time you get formal notice that you are being foreclosed on, so don't wait for those papers to show up and certainly don't wait so long that you no longer have options.