Our firm is regularly involved in lawsuits against most national lenders and servicers, including Bank of America (and BAC), Wells Fargo, Deutsche Bank, Citi, US Bank, GMAC Mortgage, HSBC, Flagstar Bank, JP Morgan Chase, Beneficial and others. If your bank has filed a lawsuit to initiate foreclosure, there are various options that we can provide to help you save your home including, but not limited to, meditation, loss mitigation and loan modification. It is also possible that you may have a defense or claim against your lender that falls under a variety of consumer laws that include: Truth in Lending Act (TILA), Real Estate Settlement Procedures Act (RESPA), and others. Additionally, there are government programs that you may qualify for to help you get your mortgage back on track and save your home.
Foreclosure defenses can arise from any aspect of the loan transaction, from the initial sales process, to loan disclosure failure, loan closing, post-closing, servicing, pre-foreclosure, foreclosure, and even to the post foreclosure property sale. Defenses can arise from both statutory law and common law, and involve state and federal law. Attorneys in our firm can review documents from your initial obtaining of the mortgage up through the filing of the foreclosure to review for fraud, “robo-signing,” and inadequate documentation. If a foreclosure suit has been filed and the court has ordered a judgment and sheriff’s sale, it may not be too late to stop the sale of your home.
If you have received notice of a lawsuit filed by your lender, you only have 28 days to respond or your lender will receive a judgment against you and proceed to foreclose on your home. The best thing to do if you have received notice of a lawsuit filed by your lender or if you are at risk of foreclosure is to contact our office and speak with our attorneys regarding foreclosure defense in order to discuss your rights and options.