The biggest mistake you can make when your lender threatens you with foreclosure or serves you with papers is to do nothing.
If you face foreclosure, we can help you by defending the action brought by your lender and by discussing the possible countersuits that may be pursued under the federal Truth in Lending Act (TILA), the federal Real Estate Settlement Procedures Act (RESPA), and under the federal and Florida Fair Debt Collection Practices laws. TILA and RESPA both contain provisions regarding the documentation of your mortgage loans and violations of these laws on the part of your lender may entitle you to damages, whether or not you are currently in foreclosure.
We can review your loan documents from your original closing and any subsequent refinances carefully, and we also review the calculations on your mortgage accounts to determine if the payments you made were properly applied.
If the lender or servicer has misapplied your payments or cannot prove the chain of ownership of your note and mortgage, we can raise challenges to their foreclosure action.
Being proactive with help from qualified legal counsel can lead to a settlement with your lender or just allow you to stay in your home longer without making mortgage payments while you determine your best options.