Mortgage Foreclosure Defense

Many people are under the impression that once a bank files a foreclosure action the loss of the home is inevitable.  I can categorically assure you that this is false.  Numerous investigations have shown that lenders have incurred in significant wrongdoing in the mortgage loans approval process which has made a significant contribution to the mortgage crisis.  Many institutions extended loans that were destined to fail with the sole purpose of generating commissions.  This wrongful conduct has legal consequences and could be the basis for numerous affirmative defenses in a mortgage foreclosure action.  The key to a successful  defense is to ensure that you hire an attorney within the twenty days afforded to answer the complaint.  An experienced attorney should be able to analyze the contract terms and determine if you have been the victim of a deceptive practices by the bank.  I can assure you that when financial institutions find themselves compelled to justify the violations of certain Federal Statutes in the judicial process, they tend to get reasonable in the negotiating process.

Obviously, the more ammunition afforded the debtor, the greater the possibility that the bank will assume a reasonable posture in the modification negotiations.  I must emphasize two points that are essential to the success of this professional effort.  First, as soon as you receive a copy of the complaint, notify your attorney immediately.  The Rules of Civil Procedure only allow for twenty days to answer the complaint.  Secondly, personally interview the attorney that you have selected to ensure that he has the knowledge and experience needed to deal with this type of judicial process.

Luis A. González
Attorney and Mediator
L. A. González Law Offices, P.A

(407) 649 - 8389
laglaw@cfl.rr.com