Stopping Foreclosure in Florida
Are you behind in making your mortgage payments? Have foreclosure proceedings been filed against you? Has your mortgage company threatened to commence foreclosure proceedings against you? Do you feel like there's nothing you can do?
At the law office of Stenstrom, McIntosh, Colbert & Whigham, P.A., we have been providing legal services including foreclosure defense for clients throughout Central Florida since 1954.
You may have valuable defenses against your mortgage company that could actually prevent the foreclosure or require that it be dismissed. Across the country, judges are faulting mortgage companies for incomplete record keeping and for violations of the Truth In Lending Act. You may be able to allege valid defenses including fraud and Truth In Lending Act violations.
Are you aware that your mortgage company is most likely not the same company that actually loaned you the money to buy or refinance your home? How do you know if the mortgage company suing you has been properly assigned your note and mortgage? Your mortgage company may have failed to properly assign the note and mortgage before initiating the foreclosure. Does your foreclosure complaint even have copies of the note, mortgage and purported assignment attached?
Your mortgage company may be attempting to substitute your original note and/or mortgage with a purported copy.
This is called a "Count to Establish Lost Documents." There are strict legal requirements to establish a lost note or mortgage, and your mortgage company may be unable to meet the requirements if challenged.
If your current mortgage company is not your original lender, it probably has never read your mortgage. Your mortgage may require the plaintiff (mortgage company) to accelerate (i.e. demand) the entire balance of the note before instituting foreclosure proceedings. Your mortgage company may have failed to do that, which may entitle you the opportunity to cure the default by paying the reinstatement amount. It is also common for mortgage companies to inflate the balance due on the mortgage by charging homeowners junk fees, such as Broker Price Opinions (BPO), property inspection fees and other "property preservation expenses."
Thus, your mortgage company may have filed an improper foreclosure lawsuit against you, but your time to respond is limited. You have or will be served a copy of the foreclosure complaint by a process server. You typically have only 20 days to respond to the mortgage company's complaint, so you need to see an attorney immediately if you wish to defend against the foreclosure. If you are beyond the 20 days, there are still defenses that can be raised but they are much more limited.
At an initial no cost consultation we will review and discuss your current situation and make recommendations as to the course of action we deem advisable for you to take. We will also discuss with you the fees we will charge should you elect to retain us to represent you.
We encourage you to contact us and schedule a no cost or obligation consultation to review and discuss your situation.
To learn more about the options available to you if you are facing foreclosure, schedule your initial no-cost consultation with an experienced foreclosure defense lawyer. Our team can be reached online or by calling 407-322-2171 or 800-247-5225 (toll free).