When homeowners are facing foreclosure, they have a few key options: keep the house and negotiate a solution to make the payments affordable, agree to vacate the house pursuant to a foreclosure alternative solution, or let the lender foreclose and face the risk of a deficiency judgment. In any of these situations, it is often beneficial to the homeowner to have more time before a foreclosure action is finalized. Many homeowners are interested in delaying foreclosure for as long as possible.
At the Law Offices of Evan M. Rosen, many of our clients come to us in hopes of delaying foreclosure. According to the Florida Bar, taking steps calculated to purposefully to delay a case, even when it is in a client’s best interest, is not permissible. However, aggressive and thorough litigation creates tremendous delays. It is only within this framework that we have seen tremendous delays in our client’s cases. We have numerous cases that are still ongoing since the crisis began around 2008.
Ultimately, unless there is some major change in the law down the road, delaying foreclosure will not solve your legal or financial problems. Our firm is proud to be made up of effective and caring advocates who seek to help our clients both in the short and long term. We work with homeowners throughout Florida to actually solve their mortgage problems. However, it is often the case that our vigorous efforts on behalf of our clients do result in significant delays in their pending foreclosure actions.
Unlike many others who believe foreclosure defense is just about delaying the amount of time it takes to lose your home, we know it is about so much more. We will perform a complete evaluation of your financial situation, we will listen to your needs and we will come up with a comprehensive solution to solving your mortgage problems that is the best solution possible for you.
You are welcome to read more about delaying foreclosure below or you can contact us now for a FREE CONSULTATION by calling 754-201-3826 or by filling out our online form.
Why Does Foreclosure Defense Cause Delays in Foreclosure?
In Florida, lawyers are forbidden by Florida Bar Association rules from “improperly” delaying litigation, even if it would be in the best interests of their clients to do so. In fact, lawyers are supposed to make reasonable efforts to move things forward.
In the majority of cases, however, vigorously and aggressively fighting a mortgage lender and attacking banks on legal issues in foreclosure has the unavoidable consequence of creating a tremendous delay. In other words, while we cannot simply cause delays for the sake of delays, we can — and should — fight for your rights and attack the bank for anything they may have done wrong.
Our vigorous efforts to hold banks responsible often buy you time to work out a better solution than foreclosure.
Foreclosure Delays Can Benefit You
At the Law Offices of Evan M. Rosen, we listen to your needs and formulate a comprehensive loan resolution plan for you. This plan may involve taking advantage of the HAMP (Home Affordable Modification Program) initiative to reduce your payment to 31 percent of your income or less so you can afford to keep your home. Instead, you may choose to have us aggressively litigate in an effort to uncover evidence of fraud, false documents, “robo-signing,” servicing errors, misapplication of payments, evidentiary violations, discovery violations, illegal collection practices and more to ultimately create leverage in order to obtain a truly meaningful modification.
In addition to creating leverage, we also seek to educate the banks by preparing a broker’s price opinion. This will show the true fair market value of your property so banks understand that even if they are able to foreclose, they are typically far better off working something out with you.
If you do not want to keep your house, the plan may involve negotiating a short sale or a deed in lieu of foreclosure. Both a deed in lieu of foreclosure and a short sale are less damaging to your credit than foreclosure. Furthermore, with various incentives through loan servicers and the government, we may be able to help you obtain a substantial sum of money to cover moving and other expenses.
Delaying foreclosure can buy you more time to work with your lender to take advantage of one of these alternatives. During the time when you remain in the home, you can get your finances and your personal situation in order. Having a little cash saved can help you to get into a new place after you move out of your home, and you will have more time to pack up and prepare for a move.
How Foreclosure Delays Happen
At the Law Offices of Evan M. Rosen, we believe that banks need to follow the rules. There are laws in place that are designed to protect borrowers, and many banks openly violate the law and engage in illegal tactics both when making loans to homebuyers as well as while attempting to foreclose. The list of crimes seems endless and new ones emerge almost weekly. Thanks mostly to aggressive litigation tactics, many banks have been caught violating mortgage servicing and foreclosure laws numerous times. In fact, in 2012, the five largest mortgage servicers were ordered to pay $25 billion dollars to settle claims of abusive foreclosure practices.
Our goal is often to attack banks for any violations or potential violations and to require them to actually follow the law when attempting to foreclose on you. For example, when we represent you in a foreclosure case, we will investigate and pursue claims for the following:
- Fraudulent actions - We will review all federal and state laws to ensure that your bank did not commit fraud or violate any legal requirements imposed on lenders, either when issuing the loan or when pursuing foreclosure.
- Truth-in-lending violations - Mortgage lenders are required to provide you with certain information about your loan before you sign your mortgage documents. If they failed to do so, in some cases it is possible for the loan to be rescinded.
- False documentation - Banks sometimes provide forged documents or documents that appear to be legitimate but cannot possibly be so. An assignment of mortgage on behalf of a company on a date when that company was out of business is one common example which is, of course, illegal. We will make every effort to find and expose forgeries.
- Robo-signing - Robo-signing is the practice of having bank employees sign off on thousands of affidavits used in foreclosure actions without reading or verifying the documentation as they claim to be doing in that very same affidavit. The practice of robo-signing was the major violation that led to the $25 billion settlement.
- Servicing errors – Whether purposefully or accidentally, mortgage servicers have been notorious for violating servicing requirements and federal law. Some examples include not providing notice of a servicing transfer (the “hello/goodbye letter”), charging improper fees, incorrectly calculating interest and principal amounts, forcing insurance coverage at substantially increased rates and various other violations.
- Misapplication of payments – Some banks accidentally or intentionally misapply payments that homeowners send in, often resulting in improper foreclosure actions or in large fines, fees or penalties. The terms of your mortgage are extremely specific as to exactly how payments are supposed to be applied. Misapplying is a breach of your mortgage contract and can compound to result in tremendous accounting inaccuracies.
- Evidentiary violations – Among other things, lenders must provide evidence of your failure to make payments, their notice of default and “acceleration” of the mortgage, and as to exactly how much you allegedly owe. In a court of law, evidence must be based on personal knowledge. There are some exceptions, but if the banks fail to follow the rules of evidence and are unable to admit a key piece of evidence to prove their case, they lose! It takes years of experience to master the rules of evidence and civil procedure and most bank lawyers are fresh out of law school. Experienced foreclosure defense and litigation attorneys like those at the Law Offices of Evan M. Rosen can expose those violations and win your case.
- Discovery violations – During litigation, discovery involves the exchange of information. If a bank fails to provide you with information as required by discovery rules or court order, or if a lender is dishonest or destroys documentation, this is a serious legal violation which can help you in working out a resolution.
- Illegal collection practices – The Fair Debt Collection Practices Act, Florida’s Consumer Collection Practices Act and Florida’s Deceptive and Unfair Trade practices Act provide numerous protections to borrowers. If a lender violated any provisions of these laws, we can file a countersuit or individual suit. As well, they can be fined or penalized by the attorney general. We have sued banks for these violations and often a violation like this creates tremendous leverage to resolve a case.
The laws that are in place to protect borrowers are there for a reason. These laws protect you, the individual consumer, against abuses perpetrated by huge corporations that have far too much power over your life. You should never let a bank get away with violating any of the foreclosure or lending laws. Instead, let us get aggressive in representing you. You can hold the bank responsible and, at the same time, buy yourself some time to get out of the mess the banks were primarily responsible for creating in the first place.
Contact Our Florida Foreclosure Defense Attorneys Today
At the Law Offices of Evan M. Rosen, we believe that foreclosure defense is about more than just delaying foreclosure. We want to serve you by helping you to create a plan to resolve a bad mortgage situation with the best possible outcome. Contact us today at 754-400-5150 or through our online form to schedule a FREE CONSULTATION to learn more about what we can do for you.
Americans throughout the country were robbed of their financial security by big banks that placed risky bets on mortgages that they knew people could not afford. You do not deserve to have your American Dream ruined because of the greedy and reckless actions of those in power. Let the Law Offices of Evan M. Rosen advocate for you so you can get the justice you deserve.