There’s No Simple Answer
A few weeks ago, I wrote a piece about how a foreclosure lawsuit gets started. I’m told by Google analytic experts that once a foreclosure action is filed in court the most popular search in Connecticut is: “Do I need a lawyer for my foreclosure?”
The answer isn’t a simple yes or no, it’s very much a “it depends” . . . entirely on your circumstances and your immediate and long-term goals.
Yes, I am a foreclosure attorney and yes, I do tell some people they can and should move forward without me. Usually, it’s someone who wants to walk away from their house and is looking for reassurance they will have enough time to move before the foreclosure is final.
But there are no cookie-cutter answers in foreclosure law. Advice about your foreclosure situation depends on a host of factors and – at least in some regard – what you want.
Do I Have to Have a Lawyer in Foreclosure Court?
This does have a simple answer: you do not. Homeowners are allowed to represent themselves. Should you choose to do so, you need to understand that for the most part the court will treat you no differently than they would have treated your attorney. In other words, the court does not typically give you latitude because you are representing yourself. It won’t explain the process, it won’t talk to you about your options or give you time to think.
The court – judge, clerk, attorneys for the bank – expect you to know and follow the rules of the court, to comply with every deadline.
There are services and information available at the courthouse to assist a self-represented defendant with the process. It is important to understand that in court, you will be alone. Alone with a clerk and judge who need to move cases along as expeditiously as possible and an opposing attorney who has a stack of cases to get through, who will treat you like a number.
What You Face In Court Without a Lawyer
Ever have the dream where you have a final exam in a day or so and you suddenly realize you never went to the class and now you need to cram an entire semester of reading into 24-hours of caffeine-fueled panic reading? I’ve been told that is what walking into a courtroom without a lawyer is like.
I have no reason to doubt that – virtually every lawyer I know gets at least some butterflies walking into a courtroom even though we’ve done it a thousand times.
In legal matters, I subscribe to the “Mickey Rourke Theorem”. This was first espoused in the classic 1982 film noir, Body Heat. In it, Mickey Rourke is William Hurt’s friend and client. As he watches his friend about to make a life altering decision, Rourke says (I’m paraphrasing): “Any time you try a decent crime, you got fifty ways you’re gonna screw up. If you think of twenty-five of them, then you’re a genius… and you ain’t no genius.” Simply, the Mickey Rourke Theorem applies to all law related matters for non-lawyers and even to those lawyers handling an unfamiliar type of matter.
You cannot think of anything when you are struggling to remember the basics. You certainly are in no position to react when something unexpected is raised.
Going Without a Foreclosure Attorney– A Quick Connecticut Case Study
A few years ago a homeowner in southeastern Connecticut was served a foreclosure action. The homeowner skipped a response in state court and went straight to Federal District Court with a complaint that the court kindly referred to as “somewhat repetitive, verbose, and dense.”
The homeowner had obviously been to the self-help center at their local Superior Court and supplemented it with a long, in-depth search of the web.
The federal district court was definitely sympathetic to at least one part of their argument, though it wasn’t brought or stated correctly. As much as they could without showing bias, the judge tried to push the homeowner toward a legally sound argument. In fact, the judge did everything except use a highlighter over the relevant passages and edit his filings himself.
The homeowner never caught on.
In addition, it turned out that the mortgage company’s lawyer made at least a half a dozen procedural errors. The homeowner had no clue – note here, by the way, that it wasn’t (then, now, or ever) the court’s job to act as the homeowner’s attorney in pointing out those errors.
The homeowner lost; the mortgage company’s lawyer touted it as a notable, precedent-setting win on various industry web sites. If the homeowner had hired an attorney at any point, they would still be living in their home as I write this.
Should I Hire a Lawyer for a Connecticut Foreclosure Action?
First, no matter what you decide to do, don’t make that decision before actually speaking to a foreclosure attorney. Don’t make the decision to “go it alone” without making that call.
Here are a few reasons why a foreclosure defense attorney is a valuable and effective ally:
- Protect Your Rights: Foreclosure laws are intricate and somewhat arcane. An attorney ensures that you understand your rights and together you will effectively navigate the foreclosure process.
- Explore Options: A lawyer will explore all your options at every stage of the case. And you’d be surprised how many you have once you are in foreclosure.
- Mediate with Lenders: Lawyers can mediate with your lender on your behalf far – far – better than you can. You are simply too close to the matter to effectively communicate with the different departments – who don’t communicate with each other—but who somehow agree that they should take your home from you.
- Court: see above.
- Understanding Complexities: Foreclosure can involve complex financial and legal issues. A lawyer will explain these matters in a way you can understand and so you can make informed decisions.
These are the standard answers, they make sense, and they need to be deeply considered if you want to keep your home.
Think about it this way—how much sleep are you losing? That call to a foreclosure defense is a lot shorter than those hours spent away imagining all the awful consequences of being in foreclosure.
But perhaps the most compelling answer is one about using AI to help with a foreclosure matter in Connecticut:
Foreclosure is a stressful and emotional situation for homeowners. AI cannot understand the nuances of a homeowner’s situation or offer the empathy and understanding a human lawyer can. Negotiations and communication are crucial parts of the foreclosure process, and while AI may struggle with hese aspects while a foreclosure attorney will not.
Foreclosure is hard. You need someone who knows how it works and gets what you are going through. That’s the bottom line.
Call me.
