Exploring All Alternatives To Defend Against Foreclosure
When faced with foreclosure, you may think that you do not have any options. But you do have options and you may have a valid defense against the foreclosure. You will not automatically lose your home simply because someone initiates a foreclosure lawsuit against you.
There are viable defense strategies and other options available to defend against a home foreclosure. However, you must act quickly once the foreclosure is filed because there are very specific filing deadlines in the foreclosure process, and missing these deadlines can wipe away some defense options that might help save your home.
The Andres Lopez Law Firm provides aggressive foreclosure defense to our clients in the Fort Lauderdale, Florida, area.
EXPLORING KEY ISSUES CONCERNING YOUR FORECLOSURE CASE
Contacting an attorney as soon as possible is vital to any foreclosure defense. Once you contact The Andres Lopez Law Firm, we will explore key issues such as:
Valid mortgage documents: Often times banks file foreclosure lawsuits without having the properly executed mortgage documents or they may even have invalid documents.
Standing: Sometimes, the entity that files the foreclosure is not the same entity that issued the mortgage. In such instances, we must determine whether the entity foreclosing on your home actually has the legal right to initiate the foreclosure lawsuit. If they do not have such right, the case may be dismissed.
Mediation: Courts now require that the banks conduct mediation with a homeowner to determine whether the parties can find a solution to the foreclosure. This gives the homeowner the opportunity to meet with representatives of the bank, who have the authority to settle the case, and explore possible settlement options. We make sure that our clients participate in that process in a meaningful way.
Independent foreclosure review: Due to a government initiative, lenders must review all foreclosures filed in 2009 and 2010 to see if homeowners are entitled to compensation. Under this process, the bank must re-review whether the homeowner qualifies for a loan modification.
Violations of other laws: We review the closing documents that were executed by the homeowner when the mortgage was issued to determine whether the lender followed the proper laws and procedures during the loan application process and subsequent closing. Sometimes, the lender and/or mortgage broker may have not given the borrower proper disclosures during the closing or may have charged an unlawful fee at that time. Under some circumstances, the homeowner may have a counterclaim against the lender based on such violations.
The most important thing we tell clients about the foreclosure process is that, no matter the situation, there is most likely a legal approach available to stop home foreclosure. To properly take advantage of many defenses, though, you should contact a lawyer as soon as possible.
THE ANDRES LOPEZ LAW FIRM — FRESH IDEAS AND HIGH PROFESSIONAL STANDARDS
To arrange a consultation with a Fort Lauderdale foreclosure defense attorney, call us today at 954-237-8138 or fill out our online form. We offer evening and weekend appointments upon request. Se habla español.