Foreclosure Defense Strategies
Standing as a Foreclosure Defense Strategy
A Foreclosure Defense on Standing is that the bank must demonstrate that it has standing to foreclose your mortgage. Boiled down to its simplest form, standing is the bank’s right to enforce your loan by way of a foreclosure lawsuit. While standing may be a relatively basic concept, it is sometimes hard for the bank to prove. Many mortgage loans have been transferred, sold, or assigned so many times it allows experienced Foreclosure Defense Lawyers to use standing as a foreclosure defense as it is difficult for the current “owner” to establish that they are in fact the legal owner of the mortgage.
Conditions Precedent as a Foreclosure Defense option
By using a Conditions Precedent as a Foreclosure Defense an experienced Foreclosure Defense Attorney can use the fact that most mortgages require that the bank take certain steps before filing a foreclosure lawsuit against you. These per suite procedures are called “conditions precedent”. If the bank fails to comply with one of these Conditions Precedent, the court will often dismiss the bank’s foreclosure action.
Lost Note as a Foreclosure Defense
The bank is required to keep the original note/contract you signed at closing. As a result of numerous transfers or other error, the bank will sometimes misplace the original note allowing us to use the Lost Note Foreclosure Defense. We can tell you from our experience working for the banks, the banks are scared of trying lost note cases against experienced Foreclosure Defense attorneys and often opt to settle the case on terms favorable to you.
Amount Owed as a Foreclosure Defense
Have you have received a recent statement from your bank showing that you own significantly more than you thought you did? Frankly, you’re probably right. The bank’s often overcharge borrowers with inflated interest rates, taxes, insurance, costs, etc. Experienced Foreclosure Defense Lawyers have found that when you force the bank to prove the actual amount due and owed, the banks are simply unable to do so.
Induced Default as a Foreclosure Defense
This is a phenomenon that has become more prevalent in the last 10 years or so. Induced default is when you contact your bank in a good faith effort to restructure or modify your loan and the bank tells you that they will not work with you because you are current on your payments. It is true that there are certain workout or loan modification programs that are only available to homeowners who have missed one or more mortgage payments. However, what the bank does not tell you is that they often have no intention of offering you a workout plan but yet they still suggest that you should stop making your mortgage payments. Before you stop making payments contact an experienced Foreclosure Defense Attorney today to find out the best course of action.
Don't Wait! Get your Foreclosure Defense started ASAP!
Please Contact Us right away, Time is important in Foreclosure Defense. Waiting only makes your Foreclosure Defense case harder. Contact us today to get your team of Experienced Foreclosure Defense Attorneys working for you! If you are unsure if you should get a Florida Foreclosure Defense Attorney please look at our page: Why you need a Foreclosure Defense Attorney
Experienced Team of Tampa Foreclosure Defense Attorneys
The Law Office of Patrick J. Cremeens has an experienced & growing Florida Foreclosure Defense Team providing Experienced Tampa Foreclosure Defense focused on protecting your rights. So when searching Tampa Foreclosure Defense or Foreclosure Defense near me search no farther than the Law Office of Patrick J. Cremeens. To learn more about our Team of Tampa Foreclosure Defense Attorneys Please Click the following Learn more ...
Types of Legal Services & Law we practice
The Law Office of Patrick J. Cremeens practices law in the following categories: Consumer Law, Lemon Law, Construction Law, Shareholder Disputes, Civil Litigation, Appellate Practice, Civil Law, & more to learn more Please visit www.CremeensLaw.com & www.FloridaLemonAuto.com to learn more...
Experienced Florida Foreclosure Defense Attorneys
There are many possible goals, terms & defenses to Foreclosure Defense. Our experienced team of Foreclosure Defense Attorneys are here to go over the many Foreclosure Defense terms & Strategies. Click here to learn about Foreclosure Defense & Click here to learn about Foreclosure Defense Settlement Options