Mounting a Proper Defense—Opening Game
If you have recently been served with a verified complaint for foreclosure of a mortgage, there are several steps you can take. Most of us know that you must file a response to the verified complaint for foreclosure within 20 days of being served. Speaking to an experienced attorney prior to doing so is vitally important as lawsuits or litigation resemble a game of chess. One of the similarities is that your “opening” in chess, i.e., the first set of moves you make, typically determine your “end game” or how and if you win the game. In litigation it is no different. In the context of a foreclosure case the first steps you take are extremely important. In chess, if you start off making the same basic opening that most novices play, a savvy, experienced opponent will be prepared and exploit your inexperience. Most borrowers call their mortgage lender several times when signs of trouble arise and, while you probably received pleasant and friendly customer service over the phone, if you did not send them something in writing you did not help your case or plant the seeds for a future defense or even counterclaim against your mortgage lender.
We all know that mortgage lenders and their servicers, to put it nicely, make mistakes. However, if you do not call them out on those mistakes in a timely manner, in writing and using the methods afforded by law, you will not be able to mount a substantive defense or counterclaim simply on the sheer emotional outrage or frustration that you have experienced. Did you send your lender a Notice of Error when you first became aware of an unusual increase in your escrow payments or insurance premiums? Did you notify the lender in writing, pursuant to federal statute, that they have failed to pay the property taxes in a timely manner? Did you send them a written Request For Information, via certified mail, return receipt requested (not via email or over the phone) asking for the records associated with your account when you notified them of the error(s)? Did you send the lender a Notice of Error when they denied your request for mortgage modification as you had sufficient income and their denial was erroneous? If you have sent those documents in writing you would be one of the few who is able to escape the negative aspects of foreclosure and effectively challenge a foreclosure case and even file a lawsuit against the lender. If you have not done so yet Call Our Office right now to get started on that process before you file your first response to the complaint.
Still in Foreclosure? Middle and End Game
If you have been in foreclosure for many years now or if your lender is just resurfacing years after you “won” your previously foreclosure case, there is still time to mount a proper defense using the above strategy as well as the legal defenses available to all defendants in foreclosure actions. If you want to keep your home you must take action now. Do not wait and hope that your case will be “dismissed” again as it was several years ago when the legal system was in chaos. The courts and lenders have learned to manage the chaos, have entrenched themselves and are now prepared to finish the work started years ago. Have you filed the proper defenses? Have you requested the right documents during your Discovery phase of the case? Are you going to depose the witness for the lender who will appear at your (non-jury) trial and testify that that are familiar with your loan documents even though they had no clue those same documents existed prior to your “case” coming across their desk? You must be prepared well in advance of that trial date in order to challenge your lender or better yet convince them to settle on Your terms, not theirs. Call our office now to prevent foreclosure.
If a judgment of foreclosure has already been entered against you and you are simply extending the foreclosure sale date with no real prospect of permanently ending the cycle of cancelling and resetting sale dates call our office now to discuss the many possibilities of getting out of that cycle. When you’re facing a foreclosure, you need to understand what alternatives are available to you. When you come to our office, I will work closely with you to ensure you understand all your options before we determine the best strategy for your case. It’s our goal to reduce the negative financial impacts of foreclosure.
Moving out of your home during a foreclosure will not make your debt disappear. Your mortgage company or lender will bring a suit against you to collect your unpaid mortgage in an action for deficiency judgment. This alone will ruin your credit, making it extremely difficult to find another home. Our legal professionals are committed to helping you find the perfect solution during your foreclosure. While we do not recommend abandoning your property, our team will still develop a strategy to mitigate any losses. This will prevent lawsuits and reduce the impact on your credit score.
Fight for Your Home
If you’re facing foreclosure, and you wish to fight for your home; you have come to the right place. Our foreclosure defense office will help you cultivate a strategy to prevent foreclosure from happening to ensure you keep a roof over your head. Losing a home is devastating, and our compassionate defense team takes great pride in helping you through this difficult time. While it may seem like your mortgage company has you backed into a corner, we’re only a phone call away to help you fight your way out of it.