Crippled Finances Force Homeowners In Foreclosure To Bypass Lawyers & Represent Themselves In Court

In Miami, Florida, msnbc.com reports:

• [T]he reasons that foreclosure defendants end up representing themselves are usually financial. “A lot of lawyers out there have been extremely reluctant to take homeowners’ cases,” said [Arizona attorney Neil F.] Garfield. “They figure if the person can’t pay their mortgage, they can’t pay their lawyer.”(1)

• Even when homeowners in foreclosure can show errors by their lenders and mortgage servicers, many lawyers still aren't interested in representing them, according to [director of the Center for Responsible Lending Eric] Halperin. “A lot of the time, what you’re getting is loan forgiveness,” he said. “There’s no cash for you to take a piece of. It’s challenging. ... I don’t think there’s an adequate number of attorneys who both are trained and will take foreclosure cases.”

For the story, see The home you save could be your own (In foreclosure crisis, more Americans representing themselves in court).

(1) A reminder to attorneys in Florida: In the case of any mortgage that allows a lender to add attorney's fees to the amount of a judgment in a successful action, Florida law allows a defendant (ie. homeowner) in a successful defense against the mortgage company to recoup prevailing party attorney fees from the non-prevailing lender under the reciprocity provisions of section 57.105(7), Florida Statutes. See also, Attorney Fee Awards For Successful Foreclosure Defense In Florida.