Are you currently in default on your mortgage or have you been sued for foreclosure?
As the party bringing the lawsuit to foreclose, your bank has the burden of proving it is entitled to a final judgment of foreclosure ordering the sale of your home. Among other things this means that the bank must prove it owns the loan and mortgage or is otherwise entitled to enforce them, that it has performed all necessary actions required by law to be performed prior to filing suit, and it must prove how much you owe. If the bank fails to prove any of these things the Court should not grant a judgment in the bank’s favor.
An Attorney can help protect your rights against the bank.
In addition to the issues discussed above you as a homeowner may have other defenses to assert against the bank to prevent foreclosure. To ensure that all of your defenses and claims are presented properly and in a timely manner it is important to have an attorney working for you in preparing and presenting your case.
I can help you if you are in default on your mortgage or are facing foreclosure. Please call me so we can discuss how I can help.
Francis M. King, Esq.
Florida leads the country in the problem of Zombie Titles. The term refers to when homeowners move out of their homes in anticipation of a foreclosure sale that never happens, leaving the owner on the hook for taxes and property maintenance for a property they do not occupy and do not realize they still own.
The Florida Legislature passed HB 87, which is now on its way to the Governor to be signed. The key provisions of the bill are described as requiring banks to demonstrate in detail that they own loans before they are permitted to foreclose, reducing the time a bank has to seek a deficiency judgment* from five years to one year, and allowing community associations to push foreclosures forward in spite of the bank’s inaction on the case.
The Florida Supreme Court has ruled in the case of Pino v. Bank of New York Mellon. This landmark decision was the Court’s opportunity to hold banks responsible for fraud committed in the course of litigation. The question presented was whether banks could avoid sanctions for filing fraudulent documents in support of a foreclosure action by voluntarily dismissing the case. According the the Supreme Court the answer is yes. Having been caught red handed committing fraud the bank can just start over and try again.
The Federal Government has reached a new agreement with several banks– Aurora, Bank of America, Citibank, JPMorgan Chase, MetLife Bank, PNC, Sovereign, SunTrust, U.S. Bank and Wells Fargo–totalling $8.5 billion to compensate homeowners affected by foreclosures during the mortgage crisis. $3.3 billion is to go directly to homeowners who were foreclosed, and $5.2 billion is to paid out in loan modifications and other relief to keep distressed owners in their homes.
In order to deal with its severe backlog of cases, Miami-Dade county has decided to fast track foreclosure lawsuits. Normally one of the parties to a civil lawsuit must request that a case be set for trial before the Court will do so. But now, in Miami-Dade County the Court is setting foreclosure cases for trial even if neither party wants the case set.
Are you someone who is struggling with his monthly mortgage payments? If answered yes, you need not worry as there are many others to accompany you. With the rise in the debt obligations within the US, there are too many people who are defaulting on their mortgage loans and are facing foreclosures. The 2 most common foreclosure alternatives are loan modification and refinance and with the record low rates prevailing within the nation, it is certainly a lucrative option to take out yet another refinance loan. Check out the situations when you should refinance your home loan.