Do Not Underestimate the Defenses to Foreclosure

Many times lender errors can result in a dismissal of foreclosure. In extreme cases, the lender may have violated certain Federal Laws that may result in eliminating or rescinding the mortgage all together, thus successfully ending the foreclosure and returning payments made by you to the lender.

Anatomy of a Mortgage Foreclosure

A mortgage foreclosure is lawsuit filed to recover monies owed on a Note and Mortgage for property, such as your home. If the mortgage company is successful, your home may be sold at auction and you may be evicted and forced out of your property. If the property sells for less at auction than you owe, a deficiency judgment may be entered against you for the difference. For example, if you owe $200,000.00 on your house, and your house sells for $100,000.00 at auction, a deficiency judgment could be entered against you for the difference of $100,000.00. The mortgage company could then seize your assets or garnish your wages or bank accounts to recover the money owed in the deficiency judgment. There are defenses to mortgage foreclosure.

Our foreclosure lawyers strive to make every option available to homeowners including renegotiating the terms of your mortgage, pursuing alternatives to mortgage foreclosure, participating in mediation, or aggressively defending foreclosure.

Some of the defenses and counterclaims to mortgage foreclosure that our foreclosure lawyers are prepared to argue include:

• Plaintiff lacks standing to sue
• Plaintiff has lost Promissory Note or Mortgage
• Plaintiff does not own Promissory Note or Mortgage
• Lender Violations of Federal or Florida Law
• Lender's Failure to make required disclosures prior to closing on the loan
• Lender engaged in predatory lending practices
• Fraud by the Lender
• Breach of Contract
• Truth in Lending Act Violations (TILA)
• Fair Debt and Collection Practices Act Violations (FDCPA)
• Unfair and Deceptive Trade Practices (FDUTPA)

Unexpected Foreclosure Defenses

Our attorneys help educate and protect home owners from foreclosure. There are many misconceptions about home foreclosure. Many people believe that a lender can, at any time, reclaim ownership or possession of your home. This is untrue – a mortgage company must first file a lawsuit with the court. Often foreclosure rescue scams or real estate investors will capitalize on this belief and use other scare tactics to take advantage of a bad situation. Many people believe that there are no valid defenses to foreclosure unless the mortgage is actually being paid. This is untrue – there are a variety of defenses that may help save your home. For example, if your lawsuit has a claim for a lost or destroyed note - there are probably several defenses that can be raised. Also, if you have never dealt with the party suing you, there are probably several defenses that can be raised.

Vigilant Florida Foreclosure Defense

You must be vigilant in defending yourself against a mortgage foreclosure. Once you have been served with papers in lawsuit, Florida law provides twenty days in order to prepare a legal response and avoid a default against you. It is imperative that you consult with an experienced mortgage foreclosure defense attorney at this time to evaluate all possible defenses and counterclaims.

Contact one of our experienced mortgage foreclosure defense attorneys at (407) 834-4847 to help you successfully resolve foreclosure litigation and get your life back on track.

At the Kramer Law Firm, we provide legal services for Orlando Foreclosures. We provide effective legal services to the people of Seminole County, Volusia County, and Orange County in Florida, including the communities of Longwood, Orlando, Winter Park, Casselberry, Maitland, Altamonte Springs, Winter Springs, Lake Mary, Sanford, Heathrow, Deltona and Deland