Don’t be another statistic. If you are facing foreclosure, hire an attorney.
If you called your lender and were assured that if you, “just submit this packet you won’t need to worry about the foreclosure complaint,” you may be another countless victim. The foreclosure process provides you with many rights and alternatives, but you have to take control of the process immediately by hiring an attorney. The bank has a lawyer, shouldn’t you?
Our foreclosure law firm will fight for you to save your home, without filing bankruptcy, through:
- Dismissed foreclosures
- Approved permanent loan modifications
- Lower interest rates
- Reduced principal balances
- Approved short sales
- Deed in Lieu and Strategic Walkaways
If you have experienced any of these new violations, Jump Legal Group’s foreclosure defense will have even more ammunition to help you fight your foreclosure.
- Robo Signing is a violation
- Dual tracking is a violation (foreclosing on your home after applying for a loan modification)
- No single point of contact is a violation
Why work with the trusted attorneys at Jump Legal?
Jump Legal law firm’s foreclosure defense attorneys can review how the bank communicated with you and whether the bank met these new servicing requirements. If necessary, we can use the bank’s failure to properly communicate with you to help save your home.
Do you feel like you speak to someone different every time you call the bank? Under the new mortgage loan service requirements, banks must provide homeowners with a single point of contact who is to handle all of your mortgage-related issues. Under the new rules, you are not supposed to be transferred from one department to another when trying to find out the status of your loan modification, whether payments have been received or whether a foreclosure has been filed. This single point of contact is also supposed to ensure that the homeowner is given every opportunity to save his or her home, and the bank only uses foreclosure as a last resort.
Foreclosure defense is a strategic plan to stop a foreclosure without bankruptcy by challenging the validity of the foreclosure. It also involves securing you valuable time to successful work with the loss mitigation department of your lender.
Foreclosure fraud refers to the all too often violations that lenders make against homeowners in foreclosing on their house.
In limited instances, lenders and their attorneys are careless and they ignore the rules courts have set up to ensure the pleadings filed in foreclosures are correct. Jump Legal takes an “offensive” approach to foreclosure “defense” by identifying, exploiting, and attacking missteps banks and their attorneys often make. Fraudulent Foreclosures can be Stopped or Overturned.
Most lenders filing a foreclosure case are unable to produce the documentation necessary to prove they have a legal interest in your home. This is often because the mortgage notes and underlying mortgages have been sold several times leading up to the foreclosure. This is called an “assignment of the note,” and “assignment of the mortgage” and it must be done according to strict legal requirements. We have found that some lenders DO NOT HAVE valid assignments of the underlying mortgage that corresponds with the note. As a result, the foreclosure may be stopped because the lender lacks what is required to bring the lawsuit in the first place, which is standing. Until they correct their errors or provide the missing assignment documents relating to the mortgage, a new foreclosure complaint may not be filed.
Robo-signed documents may invalidate a foreclosure judgement
Another reason many foreclosures are invalid is that most lenders have filed affidavits stating that one of their representatives reviewed your loan documents and account when, in fact, they have signed these affidavits without any knowledge whatsoever about your account. Many lenders use the same person to mindlessly sign hundreds, even thousands, of affidavits in support of the foreclosure of your home. In today’s news, you might have heard of these people described as “Robo Signers.” “Robo Signers” tell courts they have “personal knowledge” and “custody” of your account. The reality is the “Robo Signers” know absolutely nothing about your account and have never reviewed anything related to your mortgage. Providing a court with a robo-signed document is a sanctionable offense and may be grounds to completely invalidate a foreclosure complaint or overturn the judgment.
Foreclosure Defense Frequently Asked Questions
My mortgage company said if I pay them a lump sum of money, they will stop the foreclosure. Should I believe them?
This will only work if you have asked for what is called a Reinstatement Amount – and – you pay it within the date provided in the Reinstatement Letter. Once you are in default on your mortgage, the mortgage company usually keeps pushing the foreclosure process forward unless you defend the foreclosure and/or properly engage their loss mitigation department. Unless you file certain responsive pleadings in your foreclosure case, the bank’s lawyers will systematically move your home to an eventual sheriff’s sale. So, be very careful about promises made to you over the phone at your lender’s 1-800 #.
Should I hire a foreclosure attorney to fight my foreclosure?
Yes. The foreclosure process may be slowed down and even in some cases stopped by employing proper legal defenses and loss mitigation efforts. . You need an attorney to properly file these documents. Banks and their attorneys count on the fact that 99 percent of foreclosed upon homeowners do not seek legal counsel. Unless, as the homeowner, you seek legal help to point out the lender’s potential missteps, these violations will likely go unnoticed by the court. Once retained by a homeowner, our attorneys move swiftly and efficiently to slow down the foreclosure process.
Can a foreclosure defense attorney stop a sheriff’s sale in the Columbus, Ohio, area?
Yes. Banks and their attorneys have very little incentive to stop a sheriff’s sale. Their goal has historically been to speed along the foreclosure to arrive at the ultimate goal – the sheriff’s sale – as quickly as possible, and to the detriment of the homeowner and his or her family. We employ strategies and tactics to stop the sheriff’s sale so the homeowner can continue to remain in the home while helping to work out a resolution with the bank.
How does stopping a foreclosure help?
Stopping or reversing a foreclosure gives you quick leverage to facilitate a loan modification with the bank. In the past, homeowners had to beg their lenders for a loan modification; today, our strategic foreclosure litigation attorneys provide the homeowner with the tools to properly apply for one. Further, stopping a foreclosure can give you time to work out other solutions such as a short sale, a deed in lieu of foreclosure, or it simply gives you time to find alternative housing arrangements.