Foreclosure Defense
The Foreclosure Attorney Jacksonville FL Locals Depend On!
Back in the day, successful foreclosure defenses were rare. However, experienced and skillful attorneys have shifted the situation big time. Fortunately, the lawyers at Foreclosure Attorney Jacksonville have a history of successful defense stories.
We are here to connect you with the top foreclosure lawyers Jacksonville FL has to offer!
Our attorneys take pride in maintaining an excellent record of client satisfaction stories. To date, the lawyers have fought thousands of foreclosure cases and helped protect customer homes.
We follow legal procedures to proceed with your foreclosure defense. While we take the foreclosure burden off your shoulders, you remain a part of the entire process.
Our attorneys stay in touch with you to inform you about the settlement conferences, lender meetings, and whatnot.
The foreclosure defense needs some solid strategies to work out, and our attorneys are well-versed in that. On top of that, they offer a relatively fair price to get the job done for you.
Generally, an attorney can raise different types of defenses. Our lawyers evaluate your situation, determine the pros and cons of each defense type and choose a plan accordingly.
What Is a Foreclosure Defense?
Partnered with Jacksonville Florida Foreclosure Lawyers Locals Rely On!
Foreclosure defenses involve the borrower fighting with the lender to postpone or stop the foreclosure entirely.
In all honesty, defending yourself against mortgage giants is tricky. However, hiring an attorney who fights on your behalf makes it less daunting for you.
When banks bundle and sell mortgages, they do not always adhere to state law. Often, the official documents miss out on important information or remain incomplete.
On top of that, a few mortgage companies forge signatures in an attempt to expedite loans. The hastened process is prone to errors, and an attorney can help you figure that out. If successful, the lawyer comes up with several ways to defend you in court.
Foreclosure Defense and the State
Before an attorney considers the best way to fight for you in court, they consider their state laws. Some states give borrowers the right to apply for loss mitigation. A few allow you to catch up on payments and avoid foreclosure. In other words, states have some protection laws for homeowners.
Note that a few mean lenders may refuse payments merely to drag you into foreclosure. On the other hand, some may not follow state laws when foreclosing their property. A Jacksonville foreclosure attorney evaluates the situation and identifies your unique challenges.
Generally, the primary difference lies in whether your state uses deeds of trust or mortgages when buying the property. These are the only documents that transfer the home to the owner.
If your state conducts judicial foreclosures, the lender has to put forth the case in the court to receive foreclosure judgment. On the flip side, if you live in a state that carries out non-judicial foreclosures, the lender doesn’t need to go to court to proceed with the foreclosure process. The former process involves you signing the mortgage while the latter proceeds with signing a deed of trust.
On a lighter note, Florida is a judicial foreclosure state and handles all the foreclosure cases within the court. Fortunately, Jacksonville Florida Foreclosure Lawyers understand the state laws and offer you the best foreclosure defense options.
The Foreclosure Defense Options
The Foreclosure Attorney Jacksonville Locals Can Depend On!
Here is when your foreclosure defense begins as a bank claims your house.
Generally, the deed of trust, mortgage, or promissory note is only authentic if it lies under the “perfect title” of the chain of the title.
Simply put, a clear, precise, and explicit record of your ownership must exist from the time you closed the deal to the current moment. A slight error in the chain of title would lead to a defect, making the ownership invalid.
Realistically speaking, such occurrences are pretty infrequent. Banks have created the Mortgage Electronic Registration System (MERS) to avoid the daunting process of keeping records of every transaction.
The privately operated company – MERS – keeps track of ownership rights of the state’s mortgages. However, a few courts reject the idea that MERS has the right to give a title to any party. Some courts even dispel its authority to commence foreclosure.
This is where a foreclosure defense can pick up the steam.
The attorney at Foreclosure Attorney Jacksonville FL can challenge MERS authority to assign a title and question the perfection of the chain of title. However, that’s not the only tactic. We’ll walk you through some more alternatives below.
Foreclosing Bank Didn’t Comply with the State Laws.
Each state has unique foreclosing procedures. Oftentimes, the foreclosing bank doesn’t adhere to these laws strictly when initiating a foreclosure. The foreclosure defense can gain traction by challenging the bank’s illegal actions. If the defense is successful, the court will order the foreclosing bank to start the process again. On the downside, some judiciaries overlook minor errors like spelling mistakes.
The Mortgage Servicer Committed a Blunder
Everyone makes mistakes, and the same can be said for mortgage servicers. It is likely for a mortgage company to commit errors with homeowners and their accounts.
The Foreclosure Attorney Jacksonville lawyers can challenge your foreclosure for mistakes like:
- Overstating the amount you owe to reinstate your property.
- Demanding a hefty fee or payment unauthorized by the mortgage contract.
- Directing payments to the wrong person (so, you aren’t, in fact, obliged to make any payments)
- Attempting a foreclosure at the same time when you have considered a foreclosure avoidance option like a short sale, loan modification, or deed in lieu.
Service Member Civil Relief Act (Only for those on Active Military Duty)
The Servicemembers Civil Relief Act (SCRA) offers you a few protection options if you’re active military personnel. Also, if you took out the mortgage loan before you were active military personnel, your foreclosure will take place in court.
This means that for a property to be sold, it requires a court order. If a lender does otherwise, the sale would be considered invalid.
Indeed, the judicial processes are expensive and time-consuming for lenders. This gives military service members time to work things out and find an appropriate solution.
Hiring Jacksonville Foreclosure Lawyers can guide you through the foreclosure process and offer you suitable defense options if you’re a military member.
Additionally, you can check the protection programs that provide financial assistance for active military members of your state.
Other Options
Here are some other strategies our lawyers consider for your foreclosure defense.
Bankruptcy Filing
Using chapter 7 bankruptcy filing, a lawyer can declare your property “unsecured” and wait till the lender objects to the statement. This pressures the lender to bring an authentic chain of foreclosure.
In chapter 13, an attorney files an adversary proceeding. This implies you file a lawsuit against your lender that forces them to provide valid proof of claim.
Claim that the Promissory Note Is No Longer Valid
An attorney can challenge a foreclosure by stating that it is no longer a loan once the loan is securitized. In other words, the promissory note seizes to exist, so you’ll be turning the tables here.
Instead of the bank proving that you have violated the promissory note agreement, a lawyer argues that the bank terminated the contract itself. So, when the contract no longer exists, how can it be imposed?
Promissory Notice Problems
The foreclosure can be initiated only by the original owner of the mortgage loan. As the process begins, the owner must provide proof of the promissory note. In the event they fail to provide the evidence, the foreclosure proceedings must be delayed.
Answer Defense
The affirmative defense involves the homeowner admitting, denying, or having no knowledge of the allegations. However, they agree on the reason for failing but avoid some of the liabilities through valid matters. It is a way to push lenders to prove specific claims during the trial.
Verify that Bank Is a Party of Interest
If the bank isn’t the real party of interest, it doesn’t have the right to initiate the foreclosure process. For instance, you have paid the lender if you have securitized the loan.
Simply put, your debt is settled at this point. To prove that your lender benefitted from the securitization of the mortgage, you can acquire the securitization audit.
This involves a third-party researcher tracking down your loan. They give you a specialized court-justified document demonstrating your loan securitization.
State Violation
Every state has unique laws and legal requirements that highlight the foreclosure process. When a lender violates these laws, your attorney can use them as a foreclosure defense.
For instance, most states including Florida, require the lenders to send a Notice of Default at least 30 days before the foreclosure. If a lender has done otherwise, the court can delay the foreclosing process.
Courts do not accept illegal or immoral behavior from anyone, including the banks. Therefore, attacking a lender’s unethical practices can be an excellent foreclosure defense tactic.
Our licensed attorneys use varying methods to make foreclosure defense successful at Jacksonville Florida Foreclosure Lawyers.