A foreclosure process is certainly not something that many people have familiarity with. You know the bank is trying to take your house because you haven't been able to keep up with the mortgage payments. And you've probably read something on the Internet about making the bank "prove the note." But you do really feel that's enough information to defend yourself in a lawsuit against the type of corporation that many refer to as "too big to fail"?
When you hire me, I will examine your foreclosure complaint and file several documents. I will draft an answer to the complaint you were served with, in which I respond line by line to every allegation the bank is making against you. I file affirmative defenses, in which I thoroughly explain to the court, the bank, and yourself exactly what statutes, cases, and facts I am relying on to oppose the foreclosure. Then I file a request for production, in which I demand that the bank produce evidence that they have followed the law in filing for foreclosure.
Having an attorney respond to your case is important because there are many federal laws that can be raised, depending on the particulars of your case. They were written to protect you, so it's crucial to find out if they apply to you. They include:
The Homeowner Counseling Act
Real Estate Settlement Procedures Act (RESPA)
Truth-In-Lending Act/Home Ownership Equity and Protection Act
Code of Federal Regulations provisions on default notices
Fair Debt Collection Practices Act
Depending on much or how little evidence the bank has, I may file and argue a motion to dismiss the case or look for ways to allow you to leave the house without further liability if you simply have no means of continuing reasonable payments. If you continue to retain me, I will carry the fight for you in opposing a final foreclosure hearing or attempting to delay the sale date long enough for you to find suitable alternative housing.
At the same time I file legal papers to help you stall the foreclosure, I am also working to modify your mortgage with the bank. I make efforts by helping you apply for a loan modification and then following up with the bank. It requires a substantial amount of persistence, because you will find that the lender will repeatedly ask for more documents, newer updates of documents you have submitted already, and technical changes to the documents. I have seen applications rejected for reasons ranging from the need to add your loan number to each page of each document you submit, to documents that have been signed in black ink instead of the blue ink the bank requested. Patience is not just a virtue but a necessity in this process. One of the biggest reasons you need an attorney to fight for more time is simply the time it takes to even get a decision on an application to modify your loan.
As I am working informally with the bank to get your mortgage modified, I also obtain a formal mediation through the court to try to obtain a loan modification. In this process I accompany you to a settlement conference with the lender and a mediator. This allows you to talk to a lender's representative face-to-face instead of having to battle with an operator on an 800 number. You will normally get an idea of whether you are a good candidate for a loan modification right away here, although often more time will need to be spent afterwards making sure all the necessary paperwork is submitted to the bank's liking.
The Florida Bar News recently reported that 95 percent of Floridians facing foreclosure don't have legal representation. Even if you don't have thousands of dollars to commit to an attorney, please feel free to contact me for a consultation if you've been handed a foreclosure lawsuit. There are a number of things you can do, even on your own, that are better than losing your home by default judgment. If you are behind on your payments and still living in the home, that is all a judge will need to know to rule against you without legal defenses. Your personal hardships will not matter, no matter how much you try to explain it to the court. Please contact me today to at least give yourself a fighting chance. |
