Andrew Douglas, P.A. can help you keep your house, or keep you in your house longer.
- Halt the foreclosure process,by defending the foreclosure lawsuit.
- Low monthly legal fees that fit even the tightest budgets
- Avoid default judgment and forced sale.
- Stay in your home with NO payments to the bank while lawsuit is pending.
- Help with your loan modification and/or short sale.
If you are facing foreclosure you probably have questions such as: Can anything be done to save my home? Will hiring a lawyer make a difference, and, if so, which law firm should I hire? These are not simple questions under any circumstances and your circumstances may involve loss of income and a limited amount of time to take action. We are here for two purposes: (1) to explain to you the foreclosure process and (2) to introduce our firm and explain why we are different from other lawyers defending foreclosure cases.
You’ve been served with a complaint: your lender is going to foreclose. Now what?
Foreclosure defense involves fighting back against a lender who is trying to foreclose to either stall the foreclosure process or stop it altogether.
Fighting Back Against the Bank
This is where foreclosure defense comes into play.
In states like Florida, the foreclosure process must be carried out under the supervision of a judge. Lenders are required to prove that they have the right to foreclose before claiming a borrower’s home. This gives attorneys the opportunity to take a hard look at a lender’s file and ask their employees questions about the underlying loan. For example, can the lender prove that they actually own the mortgage and note? Can they produce these documents? Do they have legal standing to file a foreclosure lawsuit? If the loan was sold, can they produce evidence of a proper transfer between each of the entities that owned the mortgage?
All of these issues, when placed in front of a judge in open court, affect the lender’s right to foreclose and may prevent them from doing so.
Bringing Bank Errors Into the Light and Delay Foreclosure
In some cases, exposing deficiencies in the process, such as failure to produce the note or “robo-signing” of documents, can allow homeowners to live in their homes for months or even years without making mortgage payments.
Growing Practice Area
Foreclosure defense has become a popular practice area for litigators who have seen other practice areas dry up in the recession. According to a Wall Street Journal article, foreclosure defense strategy has evolved alongside shoddy record keeping by lenders.
Lawyers in the field now commonly use a technique more identified with corporate litigation: probing depositions, designed to uncover any lapses in judgment, flaws in a process or wrongdoing. In the 23 states where foreclosures entail a court hearing, the bank may be ordered to pay the homeowner’s legal bill if a lawyer can convince a judge that the bank has submitted false documents, such as affidavits saying employees personally reviewed the details of loans when they didn’t.
Bank of America and some other large lenders, made national news by placing a temporary moratorium on foreclosures last year after it was discovered the bank had used “robo-signers,” or people who sign hundreds or thousands of documents a day without reviewing the details.
Source of Portions of this Article See: http://www.nationalbankruptcyforum.com/foreclosure/what-is-foreclosure-defense/
We can help you, and evaluate your case to give you a clear roadmap. We charge a flat monthly fee for our representation, during the time period your case is pending.
Call now to discuss your case.