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Foreclosure Defense

If you are facing foreclosure or serious delinquency, you need to seek legal counsel quickly before you lose your property. Be cautious about using stall tactics to buy yourself time. This can actually work against you later on. Generally, delay tactics will not solve but only delay the inevitable.

With the flurry of loans issued during the real estate “boom”, many were not properly documented. In addition to documentation issues, misrepresentations were commonplace among mortgage brokers and lenders before the closing occurred. Even during the closing, errors and omissions were frequent and material; however, loans were pushed through with little concern as to their accuracy. The problems extended beyond errors and omissions and included Truth in Lending violations, fraudulent appraisals, and price collusion between developers and lenders. The gross misrepresentations, omissions, errors, and acts of fraud can all serve as viable defenses in mortgage foreclosure.

Although your lender may have ignored your plea for relief, and everything else you have tried has failed, it does not mean you may not have a strong and viable defense. The skills and knowledge of an attorney who specializes in foreclosure defense is paramount in winning your case. Each case is unique and different. As such, each loan (and relevant closing documents) must be deconstructed to examine where misrepresentations and or errors occurred.