If you are one of the many homeowners that fell prey to all the botched up loans that were foreclosed on in 2009, 2010 and 2011, spearheaded by some of the many firms and attorneys no longer existing today, you are probably wondering why your lender has not refiled its foreclosure. In fact, sometimes even after the 5 year statute of limitations the banks can still come after homeowners, and they do.
Often, the banks take their time because they are trying to correct Assignment of Mortgages and other instruments that were botched. It may prove difficult to obtain assignment of mortgage signatures when a bank has been closed and no longer exists. However, banks are doing it and the law provides for them to do so.
So, after 5 years of inactivity, the homeowner gets served with a new complaint in foreclosure and wonders if he or she has any defenses available to him or her. You do!
The best line of defense is to hire an attorney to assist you and review the documents the bank is relying on to prove it case. That is, the mortgage, the note and the assignments. Many times, there are altered documents and other forgeries that need to be claimed as an affirmative defense.
Other times, the bank can proceed, and the homeowner will need to either file for a loan modification or a short sale. Otherwise, once the case goes through the court, the homeowner will lose their home.
At our office, we have trained attorneys and staff that know what to look for in the foreclosure complaint. We comb over the complaint and exhibits with a fine tooth comb in order to offer the best legal advice and defenses available.
If a modification is required, then we have the programs in place to pre-qualify you for a loan modification. Or, if a short sale is the only option, we negotiate same in house.
The first consultation is free and can provide a wealth of knowledge with regard to your mortgage and your rights.
TRUST | COMMITMENT | RESULTS
LAW OFFICES OF JACQUELINE SALCINES, P.A.
706 S. DIXIE HIGHWAY
SECOND FLOOR
CORAL GABLES, FL 33146
TEL. 305 . 669. 5280
EMAIL: J.SALCINES@SALCINESLAW.COM