Everyone who reads these blogs knows I am an advocate of former owners hiring a foreclosure surplus lawyer over a third party surplus recovery business. I have enumerated several reasons as to why; whether it be third party companies are not lawyers; speaking with the person who is representing you in court directly, etc. However, this last week I ran across another situation which further cemented my logic behind a homeowner not assigning away their foreclosure surplus rights.
Did you know that when you assign away your rights to a foreclosure surplus case, that you essentially lose the ability to control your case? This last week, a former owner was unable to settle his own foreclosure surplus case because he assigned away his rights and could not get authorization before the court hearing. Isn’t that the most bizarre and frustrating thing? This poor homeowner wanted to settle a case for a property he owned, but he could not because he assigned away all rights. This meant the surplus recover company dictated how the surplus case moved forward.
When I represent a former owner or party in a foreclosure surplus case, I am obligated to act in that party’s best interest. When a surplus company has received your assignment, they are acting in their own best interest. This means that the surplus company files a motion to intervene so that they themselves, not you, can claim the surplus funds.
I have also been receiving calls from people that have assigned away their surplus rights, the surplus recovery business collected the funds at court, and now the former owner can’t get in touch to receive their portion of the funds.
If you want real control, real communication and real representation, hire a leading foreclosure surplus lawyer.
Call me, I will personally answer and give you a free consultation regarding your foreclosure surplus case. If you hire me, I will only get paid if I win for you!
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