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Foreclosure Attorney Port Richey

Foreclosure Defense Explained

In simple terms, Foreclosure Defense is the fight that you engage in with your lender, who is attempting to foreclose on your property. The goal of your defense is to either stall or stop the foreclosure in its entirety. Fighting against these mortgage giants and their foreclosure machine might seem daunting, but do not give up hope; there are ways we can fight back.

When lots of these mortgages were bundled and sold, the banks didn't always follow the law. Sometimes vital pieces of paperwork were misplaced, lost, or never even completed at all. Many have improper endorsements. In some cases, some "mortgage mills", in order to expedite loans, forged signatures.  This rushed transfer of loans created lots of errors. This is an area which your Foreclosure Defense Attorney can explore and utilize to delay or eliminate foreclosure.

Florida law requires that foreclosures occur within the supervision of the Circuit Court. The burden to prove that they have the right to foreclose falls upon your lender. This gives your Miami Foreclosure Defense Attorney the right and opportunity to carefully examine all aspects of your loan and the circumstances it was given. It allows your Florida Foreclosure Defense Attorney the right to question any of their employees regarding your loan and examine their files.

Can your lender prove and document that they indeed own the mortgage and that they have the legal standing to file for foreclosure? If your loan was bundled and sold or transferred in any way, can they produce evidence that the transfer was done properly and according to the law? There have been many loans in which mortgage companies utilize employees who did not review loan applications but rather "rubber stamped" them. Some "reviewers" processed hundreds and sometimes thousands of applications each and every day. Foreclosure defense strategies often are focused around the shoddy record-keeping and sometimes unlawful actions by lenders.

Your lender doesn't necessarily have had the to make an error for you to take advantage of the defense strategies that a Miami Foreclosure Defense Attorney can offer. Through the courts, he can stretch out the foreclosure process. Such delays might give you the time needed to develop a more permanent solution to your financial dilemma.

Given the widespread errors that lenders committed, it may be prudent to contact Caroline Secor, your Florida Foreclosure Defense Attorney.

 


Carolyn Secor
 
 

 

The federal government passed new bankruptcy reform legislation in October 2005. However, don't be discouraged! Most studies indicate that the new law affects less than 15% of individuals who could have filed previously. If you are feeling overwhelmed by your debts and considering filing bankruptcy, it is highly probable that you fall into the category of the 85 percent of people who are still eligible to file.

 

 

 

"Serving Pinellas, Pasco, and Hillsborough Counties."

Carolyn Secor, Attorney at Law
Bankruptcy Attorney Tampa Bay Florida
Florida Law Firm with Offices in
Clearwater (Main Office) Tampa St. Petersburg Port Richey
Phone:  1-727-254-1704
www.bankruptcyfortampa.com

We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.

       
 
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