Lets face it, being a homeowner in foreclosure is an awful experience.
Homeowners served with a Notice of Default or a Foreclosure Complaint often feel ashamed or embarrassed. Many are frustrated and even angry that their good faith efforts to work with Banks, Investors and Loan Servicers to avoid this very event have literally fallen on deaf ears.
After spending months dealing with a loan servicer who puts their own interests ahead of both you the homeowner and the owner of your loan, a foreclosure defendant’s mailbox ( and voice mail) now fills with offers of “help”, many from people who have very little ability to help the situation but who are quick to offer false promises of hope.
The Ohio Attorney General announced another lawsuit against a Stark County Mortgage Modification Scam. I brought the first enforcement action against such criminals back in 2008 and the problem continues to plague Ohio Homeowners. We just filed a class action case against such a company in Sizemore v. The Modification Group.
There is legitimate help for people who want to modify their mortgages and access modification help and government programs in Ohio. Save the Dream Ohio is a program I am very proud to have helped create. It has helped thousands of Ohioans access assistance at no cost.
Sometimes, however, legal leverage is necessary to drive self interested Mortgage Servicers and investors to the table. In a large majority of loans originated between 2001 an 2008 there are significant problems in the history of loans on the lender’s side.
In a surprising number of cases the mortgage servicing industry has responded by literally forging documents for presentation to courts to attempt to fix fatal problems in the sale and assignment of the mortgages of homeowners who are in foreclosure. See 60 Minutes report on robosigning.
Many lawyers who solicit homeowners in foreclosure are no better than the phony modification mills. Some try to push homeowners into cookie cutter bankruptcies leaving legitimate defenses that a surprising number of homeowners have on the table. Other lawyers do nothing more than try to run out the clock on the foreclosure process without aggressively attacking the real legal issues that could result in a flat out dismissal of a foreclosure complaint or put pressure on a lender to enter into a meaningful modification, including on involving a reduction of principal.
That is why it is critical for homeowners who have been sued for foreclosure to interview and hire lawyers who are willing and able to put the cutting edge issues regarding the proper ownership of mortgages, robosigning fraud and standing directly in in front of the court.
Beware of easy and cheap solutions.
Look for lawyers who have successfully litigated motions to dismiss and who are willing to do the painstaking work of forcing a lender seeking foreclosure to prove every single element of their case.
The discovery process will allow a lawyer for a homeowner to dig deep into the ownership of your note and the business practices of those seeking to foreclose, often yielding defenses to foreclosure ( or even claims against the lender, servicer or their foreclosure mill lawyer) that cannot be identified in any other way.
Careful scrutiny of authority of people signing affidavits, assignments and endorsements can break the chain or ownership of notes and result in dismissal of foreclosures.
High quality legal work is available to homeowners in foreclosure for no more than the cost of a reasonable monthly mortgage payment. Not only will good lawyers keep you in your home for longer, aggressive legal tactics push lenders to the negotiating table or force dismissal of foreclosure lawsuits all together.
For more information contact Law Office of Marc Dann Co. LPA or 216-373-0539