When you are faced with the threat of foreclosure or eviction, the biggest and most important decision you must make is who you will retain to represent you. The decision will literally determine whether you will lose your home or continue living in it.
Over the past six years that the Harouni Law Group has been specializing in foreclosure defense, we have heard countless horror stories from clients who have been duped out of their hard-earned money by unscrupulous frauds looking to make a quick buck by pretending that they can help homeowners save their homes. Some homeowners come to us the day before their foreclosure sale is scheduled to take place asking for help, without any money to retain us, because the person they retained took their money and ran.
Whether you retain the Harouni Law Group or not, please take the following advice to heart when making your decision regarding who you will retain to help you save your home. 1) Do not retain anyone who is not an attorney.
Non-attorneys are very tempting to retain because they oftentimes cost less or significantly less than attorneys. You get what you pay for. While attorneys are accountable to the State Bar of California, and could literally have their license to practice law suspended if they defraud you, non-attorneys are not accountable to you, the State Bar of California, or anyone else for that matter. Iranian Real Estate Attorney in Los Angeles
If you think you can sue them to get your money back, good luck finding them, and even if you do, you’ve already lost your house. I have heard non-attorneys counsel, my clients, in front of my face, to sue their lenders for causes of action that are not even recognized in the state of California. Mostly, however, non-lawyers will file boilerplate lawsuits for you (in your own name, of course, because they do not have a license to represent you) that have absolutely nothing to do with the specific facts of your case, and which will be dismissed by the court within two months of filing it.
Alternatively, non-lawyers will file multiple emergency bad faith bankruptcies for you to temporarily stall the foreclosure sale without ever being able to offer you hope of permanent foreclosure relief (despite what they may say). Again, do not hire a non-attorney under any circumstance. 2. Do not retain a new attorney. Lenders, like Bank of America and Chase Bank, retain literally the best law firms in America to represent them in foreclosure defense cases.
A new attorney (i.e. an attorney with less than five years experience) may cost less than an experienced one and may promise you the stars, but in reality, new attorneys have yet to master the procedural aspects of litigation let alone the extremely complex substance of foreclosure defense law.
In foreclosure defense, one small mistake can literally mean the difference between having your case go to trial and having your case dismissed within two months of filing suit. New attorneys are commonly eaten alive by the big firm attorneys that your lender is retaining. There is no question that you should be cost-conscious even when retaining an attorney, but it may be worth it to spend a little bit more to retain an attorney who can confidently navigate the battlefield of litigation against big banks and their big law firms. 3. Do not retain an old-school attorney.
Foreclosure defense, as an industry, has only been around since approximately 2008 when homeowners started to lose their homes en masse as a result of the economic recession. These same attorneys necessarily must have been practicing and specializing in different areas of law for years prior to 2008. After 2008, many of these attorneys decided to dabble their toes in foreclosure defense litigation because of all the noise that was being made in that field, but most of them continued to practice whatever else they were practicing prior to foreclosure defense.
As experienced as the old-school attorneys are with respect to litigation procedure, no attorney can possibly master the complex depth of foreclosure defense law and outwit the banks’ high-powered attorneys by dabbling their toes in that field. This is a field where you are either all-in or all-out.