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Consumer Matters is a monthly e-newsletter prepared by The Arcia Law Firm, P.L., and is dedicated to provide you with vital information related to your health, consumer safety, and improved quality of life.  This newsletter will also provide you with recent verdict and settlement information in personal injury, medical malpractice, and other related legal matters.  Feel free to forward this newsletter to friends, family and colleagues that may be interested in its content.  If you would not like to receive any future copies of our informative newsletter, you may unsubscribe below where indicated.

foreclosure defense

From 2007 to present, South Florida has experienced a 400 percent increase in foreclosure filings.  The latest statistics indicate that 1 out of every 197 homes in the United States is undergoing a foreclosure proceeding.   In view of these staggering statistics, most homeowners presume that the odds are against them, and simply give up the fight for their home before it even begins.

Most homeowners don’t realize that a foreclosure proceeding is just like any other lawsuit – the lender must prove its entire case before it can obtain a judgment.  Just because you’ve been served with foreclosure papers does not mean you have to leave your home!  The legal foreclosure process can take two to three years if the borrower is able to identify and present valid defenses to the foreclosure.  During the entire time the foreclosure proceedings are underway, the borrower cannot be legally removed from the home even if the mortgage remains unpaid.  For this reason, it makes absolute sense to raise any and all defenses and counterclaims that are available to the homeowner.  Even if your time to respond to the foreclosure summons has expired, most judges will allow the homeowner to assert defenses and counterclaims so that the case is not decided on a mere technicality.  Here are some suggestions on how to use foreclosure proceedings to your advantage, and possibly beat the bank at their own game.
  • CONDUCT A FORENSIC AUDIT OF YOUR LOAN
First of all, perform a detailed audit of your loan transaction through a qualified mortgage auditing firm.  A forensic audit often reveals serious violations of Federal and State laws committed by the same lenders and/or servicing companies that initiate foreclosure proceedings, and harass homeowners who fall behind on their mortgage payments. If you don’t know a reputable mortgage audit firm in your area, please contact the Arcia Law Firm at 1-800-770-7102 or www.arcialawfirm.com, and we will gladly point you in the right direction.
  • FILE A COUNTERCLAIM AGAINST YOUR LENDER
Using the results of your forensic audit, and assuming you have identified violations of law in connection with your loan, you should file a counterclaim against your lender for those same violations.  In other words, sue your lender within the same proceedings as a means to negotiate a reduction of your mortgage debt, or obtain a cancellation of the mortgage altogether. 
  • DEMAND THE ORIGINAL NOTE
Most foreclosure proceedings are not initiated by the original lender, but rather by a party who claims to “own and hold” the Note securing payment of the mortgage on your home.   Surprisingly, most of these third parties don’t actually have possession of the original note, but simply a copy.  A Note securing a mortgage is a negotiable instrument, like a bank check.  Not a single bank will cash a “copy” of any check.  Likewise, no Court should decide a foreclosure proceeding based upon a copy of the mortgage Note.  Due to the overwhelming volume of cases, most foreclosure judgments are being entered by Courts based on copies of the Note.  If you demand the original Note, and the lender is unable to produce it, a foreclosure judgment cannot legally be obtained and the home cannot be sold at auction.
  • CHALLENGE YOUR LENDER’S RIGHT TO BRING THE FORECLOSURE PROCEEDING
As indicated earlier, most foreclosures are not presented by the original lender, but by third parties that purchased your Note as part of a “packaged deal” on Wall Street.  In most cases, your original lender did not even formally assign the Note to the new entity. Florida law only permits an action to be presented by the “real party in interest.”   If you never signed an agreement with the party that filed the foreclosure, or that party never received an assignment of your Note, you can challenge their right to file the foreclosure proceedings altogether by way of a motion to dismiss.  Judges will not hesitate to dismiss a foreclosure proceeding initiated by a company that has no legal right to bring the action.

Each foreclosure case is different, and some of these suggestions may not apply to your case.  Also, these suggestions are not the only avenues to legally oppose foreclosure proceedings.  Nor are these suggestions meant to substitute proper legal advise from an experienced foreclosure defense attorney.

The Arcia Law Firm is privileged to successfully represent dozens of homeowners in our community with mortgage fraud and foreclosure defense cases.  If you are struggling to make your monthly mortgage payments, or if you just received a foreclosure summons, contact the Arcia Law Firm today at 1-800-770-7102, or at www.arcialawfirm.com.  We may be able to help you achieve a long term solution to your personal mortgage crisis. 

 

We are available to discuss your rights if you, a friend or loved one has been injured in an auto accident, or is the victim of medical malpractice. We also accept cases involving a slip & fall, wrongful death, product liability, business and real estate disputes.  Please call us today for a free consultation at 1-800-770-7102, email us at info@arcialawfirm.com, or visit our website www.arcialawfirm.com and complete our Free Evaluation form. 

Our Firm accepts and handles personal injury, medical malpractice and other legal matters in Pembroke Pines, Miramar, Davie, Cooper City , Ft. Lauderdale, Plantation, Sunrise, Coral Springs, Lauderhill, Weston, Southwest Ranches, Sunrise, Margate, Oakland Park, Hollywood, Lauderdale Lakes, Hallandale, Dania, Pembroke Park, Wilton Manors, West Palm Beach, Pompano Beach, Miami, Coral Gables, North Miami, Aventura, Sunny Isles, Bal Harbour, Hialeah, Miami Lakes

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Arcia Law Firm Consumer Fraud and Foreclosure Defense services includes:

  • Conduct a forensic audit of your loan.
  • File a counterclaim against your lender.
  • Demand the original note.
  • Challenge your lender's right to bring the foreclosure proceding.

 

 

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This publication is intended to educate the general public about personal injury, medical malpractice, insurance, and small business issues.  It is not intended to be legal advice.  Every case is different.  The information in this newsletter may be freely copied as long as the newsletter is copied in its entirety.



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