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What Type of Lawyer Do You Need?

Most lawyers who represent people in foreclosure actions specialize in real estate transactions, consumer protection, or bankruptcy. As the number of foreclosures grows, so does the number of lawyers who have expertise in all three areas.

How do you know what expertise a lawyer has? Your best shot is to pop the question directly. Ask “Do you have the experience necessary to help me with my foreclosure?” or “How many foreclosure cases have you handled, and what were the results?” This approach may seem naïve, but my sense is that most lawyers appreciate this approach and will give you honest answers.

As a general rule, if you want to keep your house but you have concluded that you don’t want to file for bankruptcy, a real estate lawyer may be the best choice. A real estate lawyer will be comfortable analyzing the lender’s paperwork and negotiating with the lender to keep you in your house. On the other hand, if it looks like you won’t be able to work something out with the lender, a bankruptcy lawyer is likely your best choice. Bankruptcy is a highly technical area, and few non-bankruptcy lawyers know the tricks of the trade.