Graham Legal, P.A.
814 Ponce de Leon Boulevard Coral Gables, Florida 33134
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Can a bankruptcy attorney defend a foreclosure case?

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During the peak of the foreclosure filings, after the 2007 real estate-bubble, many bankruptcy attorneys saw an opportunity. They jumped on the bandwagon of adding “foreclosure defense” as another area of law they would handle. The only problem was that they lumped in foreclosure defense with bankruptcies. Many of them didn’t take the time necessary to study foreclosures specifically, because they knew that bankruptcies worked as a temporary Band-Aid.

When hiring an attorney to represent your case, you should definitely meet with a few different offices to get a few opinions. Selecting someone to defend your foreclosure case is very serious.

If you meet with attorneys that recommend bankruptcy, make sure to ask them why they believe it is the best option for your situation. If the only answer they provide is that it will delay the foreclosure with an “automatic stay,” move on to another attorney.

It is true that filing bankruptcy places a stay on your debt. When a bankruptcy is filed, the court will issue an order for relief, which directs creditors to cease all collections activity. However, this will only freeze the foreclosure for a couple of months before the bank files a motion to lift the stay, which will then allow them to move forward.

Our attorneys, at Graham Legal have made foreclosure defense the primary focus of our practice. Since the nation is currently experiencing an exaggerated rate of foreclosures, case law and legislation is changing at a very fast rate. In order to stay on the cutting-age of foreclosure defense it is imperative to focus on it.

If you are facing foreclosure and would like to speak with a foreclosure expert, call our office to schedule a free consultation.

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