Tackling a legal or financial problem can wear on one’s psyche. Proven Resource managing attorney explains how to address the issues that commonly weigh people down.
“Every worthwhile accomplishment, big or little, has its stages of drudgery and triumph: a beginning, a struggle, and a victory.”
Nothing is worse than learning that a potential client has ignored a legal or financial problem that could have been easily resolved had they just paid attention to lender correspondence or had entrusted their issue to the right professional. True, sometimes this is easier said than done. Regarding what the Federal Reserve Chairman Ben Bernanke called “the worst financial crisis in modern history,” there is little that struggling business owners or consumers could have done to prepare for their financial or legal challenges. People experiencing overwhelming financial or legal matters are quite often stuck battling some degree of depression or anxiety.
Here are five professional recommendations that will help loosen the vise of “economic” and “legal” depression and increase the prospects for a positive resolution to one’s legal or financial problem:
Open Your Mail
Creditors are required by law to send written notices informing delinquent borrowers of important legal rights and critical time limits to exercise these rights. Missing a deadline could cause one to forfeit these various rights and defenses. Recognize that it is much more difficult to reverse a judgment or reopen a legal proceeding than it is to initially respond to a complaint. Take, for instance, a mortgage default; certain federal and state timelines allow a borrower to have their mortgage modification request re-evaluated even after it was denied at the underwriting level. Miss that cut-off date, and it is near impossible to reapproach the lender.
Answer Your Phone
It sounds counterintuitive, but instead of letting numerous creditor calls go unanswered only to increase one’s anxiety, just answer the collection call once and tell the caller to stop calling pursuant to federal law (Fair Debt Collection Practices Act). Should a debt collector call after that first warning, they expose themselves to a lawsuit. Instead of focusing on the fear and anxiety, direct the negative energy into developing a plan to seek professional assistance.
Develop a Plan
Nothing makes lenders and collectors feel better about a delinquent file than when the borrower offers up a realistic plan on how they will repay a loan. Filing for bankruptcy should be the last consideration. It benefits neither party. Take some time to sketch out a repayment plan. It is better to make a timely and reasonable proposal to the lender before they unilaterally proceed to invoke their legal remedies and impose even less favorable terms.
Get Organized
Take correspondence and documents and sort them by creditor. Stack them in chronological order and separate them into folders. This will make meetings with an adviser more efficient. Most importantly, going forward, keep a written log of who said what and when. Never discount a written log because it keeps creditors and collectors accountable for their words and actions.
Find the Right Expert
The Martindale Directory is a legal directory that lists over 100 areas of law and another 81 subspecialties. Understand that not all lawyers are the same. A divorce attorney is not a real estate attorney, and a real estate attorney may not be a commercial real estate attorney. The right professional will help you develop a plan of action suitable for your situation. Now is not the time to become one’s own “jailhouse lawyer”. It takes years of experience to refine legal skills and knowledge. Time is not a luxury regarding addressing imminent financial or legal hardship.
Conclusion
Recognize that life is not static. Gandhi once said, “Every worthwhile accomplishment, big or little, has its stages of drudgery and triumph: a beginning, a struggle, and a victory.” Move forward by taking just one of the five steps listed above. Be assured that things will only improve once action is taken.
About David Soble: David is a seasoned real estate and finance attorney with more than 35 years of experience, combining his background as a “big bank insider” with a commitment to demystifying complex legal issues for his clients. As the founding attorney of Soble Law (also known as Soble PLC / Proven Resource), he leads a specialized team in Michigan and Ohio that handles real estate transactions, contract disputes, probate, and financial litigation. Known for a practical, no-nonsense approach and peer-rated excellence (Martindale-Hubbell AV Preeminent), Soble and his team strive to protect clients’ property and financial interests with clarity, integrity, and experience.
Disclaimer: You should not rely or act upon the contents of this article without seeking advice from your own qualified attorney.
