What is Foreclosure Defense ?
Foreclosure defense is the process by which we would attack a lawsuit for foreclosure of one’s home. We do this by challenging the validity of the complaint for foreclosure. Foreclosure fraud refers to the all too often violations lenders make against homeowners in foreclosing on their home.
More often than not, lenders and their attorneys are careless and they ignore the rules courts require to ensure homeowners are treated fairly and humanely throughout the foreclosure process. Attorney John Peters takes an “offensive” approach to foreclosure “defense” by reviewing, identifying, and attacking missteps banks and their attorneys often make. We will pursue banks for their mistakes and inadequacies of documentations and even foreclosure fraud and we may be able to stop foreclosures, sheriff’s sales and evictions by challenging the legality of the foreclosure attempts.
Inadequate Documentation: Many lenders filing foreclosure cases in Ohio are unable to produce the documentation necessary to prove they have a legal interest in your home. This is because most mortgage notes have been sold many times leading up to the foreclosure. This is called an assignment of the note and mortgage and it must be done according to strict legal requirements. We have found that lenders often DO NOT HAVE valid assignments. As a result, the foreclosure is not justified as filed and may be delayed or stopped if it has been defended from the get-go. If it has been defended and not let go default it may even be overturned on appeal.
“Robo Signers”: Another reason many foreclosures are invalid is that some lenders in Ohio have filed affidavits signed by one of their representatives stating they actually reviewed your loan documents and account. In fact, they have signed these affidavits without any knowledge whatsoever about your account. It has been proven that some lenders used the same person to mindlessly sign hundreds, even thousands of affidavits in support of the foreclosure of people’s homes. In today’s news, you might have heard of these people described as “Robo Signers”. A “Robo Signer” would have the court believe they have “personal knowledge” and “custody” of your account, when the reality is the “Robo Signer” knows absolutely nothing about your account. Providing a court with a “robo signed” document is a sanctionable offense and may be grounds to completely invalidate a foreclosure proceeding.
So the lessons to be learned here are as follows
1. Don’t give up. All is not lost just because you have been sued.
2. Don’t delay, you must act within 28 days or the party suing you will win by default and you won’t have a chance to put on a defense.
3. There are exceptions to many rules. Occasionally a defense can be established after a judgment is granted, but not often and not easily.
4. If all else fails, a bankruptcy will stop everything but only if it is filed before a foreclosure sale is held. Again, do not delay. A lot of time passes between a judgment being granted and a foreclosure sale being held. So if saving your house is important, see an attorney long before the sheriff sale is held.
5. A bankruptcy can stop a sale of your home, save your house by bringing your mortgage payments current in some cases and in other cases, get you out of financial troubles, by discharging your debts..