Foreclosure Defense
Using Mortgage Foreclosure Defense to Save Your Home
Over the past several years the mortgage industry did a great disservice to the public. Loans were made to people regardless of their ability to repay the loan according to its terms. “Interest only” loans and “adjustable rate mortgages (“arms”) are now taking their toll and the rate of foreclosure in the nation (and especially in Florida) is the highest it has ever been in history. Millions of people are losing their good credit, losing their homes and having their lives turned upside down. If this nightmare is happening to you, there may be something you can do to help yourself.
Mortgage Foreclosure Defense Representation
We utilize a team of people to try to advise you of your options and rescue you from financial ruin. Depending on your unique set of facts, we can usually answer, defend and stop the foreclosure action dead in its tracks at least long enough to explore the possibility of a home loan modification agreement. This is when we negotiate with the bank and try to convince them that it is better for them to re-negotiate the terms of the defaulted loan to make the payments lower, fix the rate, lengthen the term or adjust the loan in some other way to allow you the ability to pay it than to foreclose. This scenario is obviously best for everyone.
Real estate transactions are governed by various federal statutes, state statutes and common laws that address a wide variety of legal issues related to acquiring, financing, developing, managing, constructing, leasing, and selling commercial and residential real property. Buying and selling real estate is generally more complicated than buying or selling other expensive goods, such as cars or boats. With real estate, many different people can have an interest in the same property, tax consequences are more complicated, and possession is not necessarily indicative of ownership. The economic climate today has made things very difficult for many people. Foreclosures are rampant and the opportunity to purchase property at low prices is unprecedented. If you are in danger from foreclosure, we can defend you, advise you of your options, take appropriate actions and protect you with an Attorney in your area.
What are my options?
Foreclosure is a very long process. Many homeowners assume there is nothing they can do to stop the foreclosure, while you should always contact a Foreclosure Attorney if you are at risk of foreclosure. Below is some information about your options if you are facing foreclosure.
Hire an attorney early: The best time to hire an Attorney would be as soon as you are behind on your payments. Several options are available to you before a foreclosure. 1) Short sell your home. This happens when you sell your home for less than the remaining mortgage balance and your lender agrees to forgive the remaining balance. If you cannot afford to make payments because of job loss or a cut in your income, this might be your best bet. You can also apply for a loan modification, which will change the terms of your mortgage and result in a lower monthly payment. Both options are more likely to work if you pursue them before your bank files foreclosure.
You have options: Foreclosure, just like any other legal proceeding, the bank needs to be able to prove your debt. With the high rate of foreclosures and the constant selling and reselling of mortgages, it is possible that your bank will be unable to provide the correct documents to win in a foreclosure case. While this outcome is relativity rare, there is a chance your mortgage has been bought and sold so many times that they can no longer prove your debt. You must hire a foreclosure attorney who can protect your rights. Our Network of Attorneys can provide one right in your area.
A mistake is made if not hiring a foreclosure attorney: You have the right to fight for your home if your bank is wrongly attempting to foreclose on your home. Do not assume that there is nothing you can do to prevent it. Hire a Foreclosure Attorney who can defend your rights.
Hire a foreclosure Attorney as soon as you are served with papers from you bank. You have 20 days to respond to this summons from your bank. Many homeowners make the mistake of replying to the notice stating that they lost their job or other reasons it may be and have fallen behind on their payments. Banks can then turn around and use this letter as proof of your debt, even if they do not have the proper documents. Please do not make this mistake.
Banks and mortgage companies are large corporations with deep pockets and expensive representation. After the housing market crash and government bail outs, it is obvious that banks do not have your best interest in mind. They are only looking out for their fat bottom line. You have the right to fight a foreclosure and to protect you and your family's home. Hire our Nationwide Network of Local Attorneys to protect your rights to your home; we have an Attorney in your area!
Consultations are FREE!