Need Foreclosure Defense Help?
At the Snyder Law Group, we represent both banks and homeowners, so we are familiar with how the foreclosure process works. We have successfully represented hundreds of homeowners in foreclosure actions. We have successfully negotiated lower interest rates and principal reductions with lenders, banks, and/or mortgage companies. YOU DO NOT HAVE TO BE BEHIND ON YOUR PAYMENTS TO GET HELP! The worst thing you can do is nothing! Call us today at (941) 747-3456 for a free consultation. You can also fill out the form on the Contact Us page of our website and we will be in touch with you soon.
THINGS YOU SHOULD KNOW!
Do not allow the lender to take your home without a fight! The lender is hoping that you do what most people do when they are faced with foreclosure - nothing. The overwhelming majority of homes are foreclosed and eventually sold at auction without any defense from the homeowner. Your lender does not want you to know that you can defend your foreclosure and not allow them to take your home quickly. They must prove more than the fact that you are behind on the mortgage. That is why you must make the lender prove their case against you!
There are defenses to foreclosure available to you! When we assert these defenses, if the lender cannot answer them, the foreclosure is halted. Some of the available defenses may result in your foreclosure being dismissed. Other lender violations may result in your ability to sue your lender. As a result of fighting your foreclosure, you will be afforded valuable time to work out a solution.
Do not delay! In Florida, you have only 20 days to answer a foreclosure complaint. If you do not answer the complaint in time, you may lose your right to assert the defenses which will give you more time in your home.
Can I Really Defend Against A Foreclosure? Absolutely! This does not mean, however, that you will not have to pay the loan back. What a successful defense can do is buy you precious time to:
* Negotiate a work-out with the bank.
* Sell your home for a fair price.
* Refinance your home at a fair rate.
* Renegotiate your interest rate
* Reduce the principal balance of your loan.
Here are some defenses that can be raised to either stop or delay a foreclosure, if applicable:
1. Failure to Follow FHA/HUD/VA loan Procedures:
If you have a mortgage insured by the FHA, HUD or the VA, there are specific procedures that have to be followed before the lender can foreclose on your home. These include a counseling notice that needs to be mailed to you within 45 days of default. Within 90 days, there needs to be a face to face meeting between you and the lender. There are many other procedures that the FHA, HUD or the VA require when they insure a loan-make sure you have explored all of them.
2. Improper Acceleration of the Note:
The acceleration clause of the mortgage sets out the steps the bank needs to take before they can ask for all the money due on the loan, and they must provide you notice of the acceleration. If they do not follow the procedure, they cannot foreclose. This does not mean they can never foreclose, it just means they have to start over and follow the procedure first. You need to review understand the acceleration clause in your mortgage.
3. Lost Notes:
t is common now for a mortgage company to sell your loan to another bank. Many times the new holder of the note/mortgage does not even have the original. Under Florida law, the bank must provide a copy of the note/mortgage with the complaint it files in court. If it does not, you have a defense that may stop the foreclosure until the bank can properly provide a copy of the note/mortgage.
4. Accepting Payments After Foreclosure:
In Florida, if a mortgage company accepts a payment after the foreclosure has started, there may be a defense to the foreclosure.
If your legal papers were brought against you by MERS (“Mortgage Electronic Registration System”) you may have a valid defense against the complaint. A judge in Pinellas has ruled that MERS is not the true holder of your note/mortgage, and therefore cannot file a suit against you.
6. Improper Notice:
You must be given notice of the complaint against you. Florida law requires that they attempt to personally serve you before giving you notice by publishing the complaint. Also, all of the information in the notice must be accurate.
7. Failure to Follow Procedural Rules:
Due to the high number of foreclosures, courts in Florida are requiring lenders, banks, and/or mortgage companies to follow certain procedures in the foreclosure action. Should your lender, bank, and/or mortgage company fail to follow the procedure prescribed by the Court, the case against you may be dismissed.
8. RESPA and/or TILA Violations:
In many cases, it is possible for a borrower in foreclosure to keep possession of their property without making mortgage payments for a period of time due to violations of Federal Law by the lender.
The Truth In Lending Act ("TILA") and the Real Estate Settlement Procedures Act ("RESPA") are violated daily by lenders and mortgage companies. These loss mitigation laws are in place to protect you, the homeowner, but they are often completely disregarded. Your lender may have violated TILA and/or RESPA and you may be entitled to substantial damages whether or not you're currently in foreclosure.
Call us today at (941) 747-3456 for a free consultation! Affordable payment plans are available!