Consumers have rights upon the threatened or pending foreclosure of their home. If violated, these rights can be asserted in defense against a lender's, assignee's or investor's foreclosure action. Among other things, they can range from simply a failure by the original lender to disclose consumer rights, to outright fraud or predatory lending, to identity theft. These rights might also be affirmatively prosecuted under federal and state laws which govern the mortgage lending industry. Whether in defense of a foreclosure action, or by way of an affirmative lawsuit against the holder of the mortgage, consumers often do not know their rights. It is most advisable to seek a knowledgeable attorney at the earliest possible stage to perhaps avert foreclosure proceedings, or to try to reverse them, if it is not too late to save the home.
Many Foreclosure Suits Are Dismissed Because They Are Defective
Most homeowners do not realize the importance of defending a foreclosure proceeding – there can be a high degree of success. Sometimes it is quite possible to get a foreclosure suit totally dismissed.
It is our philosophy of evaluating the merits of each individual foreclosure proceeding and asserting a vigorous defense.
There are an incredible number of foreclosure cases that contain fatal defective errors. We review your foreclosure proceedings, by taking a magnifying glass to both the mortgage transaction from its origination and the foreclosure lawsuit papers that have been served and filed in your case.
When homeowners were refinancing left and right several years ago, sloppiness with mortgage paperwork seemed to reign. So many mortgage papers have been lost, signatures misplaced and documents dated inaccurately that it is often not clear which bank or lender owns the mortgage. These problems often result in fatal defects, which, if brought to the attention of the court, can result in the foreclosure case being kicked out of court.
Foreclosure Defense Attorneys Are Necessary to Bring Foreclosure Litigation Defects to the Attention of the Court
Although some judges scrutinize each and every foreclosure lawsuit document, other judges will only review those defects that the homeowner’s foreclosure defense lawyer brings to the attention of the court, underscoring the importance of engaging in foreclosure defense.
Mortgage lenders frequently make mistakes. For those in foreclosure, having an experienced Florida foreclosure defense attorney, such as those in my firm, review foreclosure lawsuit papers to determine how to best defend foreclosure, can sometimes work to save a home.
a. Predatory Lending
b. Truth in Lending & RESPA Violations
c. Mortgage Law
d. Deficiency Judgments
e. Loan Modification
f. Short Sale
g. Deed in Lieu of Foreclosure
h. Waiver of Deficiency
i. Eliminate or Reduce Mortgages or Liens on Underwater Property