Question: Can a homeowner successfully negotiate a loan remodification with its lender or should they consult an attorney?
Answer: The answer to this question depends on the lender. It is always a good idea to talk with a lawyer about your situation, discuss your options, and plan for the future. That said, and putting aside any claims you might assert against your lender (such as under the Truth in Lending Act), it makes sense to attempt to negotiate with your lender yourself. Other than perhaps expertise in negotiating, I am not sure lawyer adds much. I would suggest perhaps enlisting the aid of a real estate agent who specializes in short sales to aid in your negotiations.
July 22, 2008