When people are served with a foreclosure lawsuit relating to their home, they often believe that there is simply nothing that they can do to prevent the lender from taking their home. That is simply not true. After reviewing your case, we may determine that there are many things that can be done to prevent the lender from quickly taking your home and, in some circumstances, we may be able to have the foreclosure matter dismissed.
When we take on the defense of a mortgage foreclosure, we frequently determine that the lender that originated the loan did not properly effectuate the requisite legal instruments for assignment of the loan to the current foreclosing lender bank. Stated otherwise, we have found that the lender initiating the foreclosure action against a homeowner may not be able to legally prove (at the time of the foreclosure) that the proposed foreclosing lender is the legal owner of the mortgage in question, which means that the foreclosing lender does not have legal standing to foreclose against your home. These are potential legal procedural issues that may provide a homeowner with defenses to a lender bank foreclosure, or the opportunity to decide on a suitable exit strategy, which may include a loan modification, a deed in lieu of foreclosure, a refinance of the loan, or a short sale.
If you’ve been served with a Summons and Complaint of foreclosure, you have only twenty (20) days to file a written response with the court. It is important that you act immediately.
Stephen Clinton Willis
Attorney at Law