Should a Homeowner be Concerned About a Stipulation for Substitution of Counsel in a Foreclosure Case?

When the plaintiff in your foreclosure case files a motion for a stipulation for substitution of counsel in your foreclosure case, it simply means that a new attorney will be taking over the case and acting as lead counsel in the action. This is fairly common and it doesn’t necessarily require any specific action or response from you. However, all attorneys are different and it might mean that you’re getting someone on the other side who is more aggressive, less willing to negotiate or just more difficult. That attorney will be looking at the case from a new perspective, and that won’t necessarily help you or hurt you, but it can change the dynamic of the case.

Take advantage of the change in counsel and examine your strategy with your own attorney. You’ll want your lawyer to review the stipulation for substitution anyway, just to make sure everything is in order. Talk about your options in the foreclosure case and see if there are any ways that the new counsel on the plaintiff’s side will present new opportunities for your own interests. You might be able to settle now, even if you weren’t able to reach an agreement with the former counsel. Perhaps this attorney for your lender will be more willing to consider a loan modification or some other alternative to foreclosure. It’s a good idea to have your attorney open up the dialogue with the replacement counsel as soon as possible after the motion is served.

If you are trying to manage your foreclosure case without an attorney, this is a good reminder that you need one. A lawyer experienced in foreclosures will be able to help you navigate the court system and provide you with the best possible advice for a more favorable outcome.

Stephen K. Hachey, a Florida real estate attorney, can help your wade through this process and determine a positive solution. Contact him at 866-200-4646.

The opinions in this post are solely those of the author. The author takes full responsibility for the content. Like all blog posts, this is offered for general information purposes and does not constitute legal advice.