We Have Creative Solutions to a Bad Wrongful Foreclosure Situation – Which Many Foreclosures are and You Just Don’t Know It
Up to 80% of the time traditional or typical ways of stopping foreclosure do not work at all or these ways are very temporary solutions that buy the homeowner only a little bit of time before the lender eventually forecloses on the homeowner anyway.
Ways To Stop Foreclosure That Don’t Work:
Lenders know that these traditional widely used methods to stop foreclosure generally don’t work and most homeowners will be back in foreclosure in a very short period of time, so lenders just use these methods to squeeze as much money out of homeowners as they can get before they eventually foreclose anyway and auction off the home and property.
The more typical means people use to try and stop foreclosure are loss mitigation methods, workouts, forbearance agreements and bankruptcies and the like.These methods usually end up with people being back in foreclosure within 6 months to a year of so.
Since most of these widely used methods involve the homeowner actually paying out more than they were paying when they were not able to keep up, it stands to reason that the homeowner is very unlikely to keep up with the higher new workout forbearance agreement payments and the homeowner will go back into foreclosure very quickly.
These methods usually have the homeowners, in addition to paying their regular monthly payments, paying additional money added on to their normal monthly payments to catch up on past payments missed, and on top of that paying for penalties and attorney’s fees.
With bankruptcy the property being foreclosed on can be removed from the bankruptcy and the foreclosure continues.
Your Bargaining Power – Expose Lender Weak Spots:
We help you engage/fight the lender by exposing their weaknesses which helps get the lender into a position that they are more willing to be fair in negotiating with you so that some of these traditional methods can become long term solutions mixed with our exposing the banker’s problems. Now the banker has more of a reason be bargain with you fairly and you can get significantly lower payments so that you do not wind up back in foreclosure.
Also, if the banker/lender will not bargain out of court the arguments that we help you and/or your attorney develop against the banker can be used in court to mount a devastating defense against them being able to foreclose and stop the wrongful foreclosure.Many times a lender will start negotiating fairly when they see that they will most likely lose in court badly; then the banker will settle with the homeowner out of court.
Documents That Have Numerous Violations in Them:
You may ask what do we do and how do we expose a lender’s weak spots, where they are vulnerable to attack and losing in court?It’s simple!
We look over most all the documents related to your mortgage process and current default/foreclosure process that the banker is using and we find the mistakes and law violations in the processes and paperwork that they have used and these mistakes will usually cost them dearly in court. It costs the lender to the tune of stopping the foreclosure and the lender having to pay many thousands of dollars in damages.
We find mistakes in the following loan, mortgage, servicing and default documents: Original Mortgage or Deed of Trust doc and Promissory Note, Notice of Default, Truth in Lending (TILA) Disclosures , Notice of Right to Cancel, Good Faith Estimate (GFE), Itemization of Amount Financed, HUD 1, Monthly Statements, etc….
The loan, mortgage, servicing and default process documents usually have a lot of mistakes and violations of law in them because they were not prepared or completed/filled out correctly or the proper procedures were not followed. Lenders do not do the paperwork correctly or follow the proper procedures because it costs them to much time and money when they do things right and most of the time they are not caught when they do things wrong.
Erroneous Servicing Charges:
In servicing your account many times a lender or servicer will not properly credit monthly payments. In addition, they may have been charging you to much interest in your monthly payments/statements and because of those and other mistakes with servicing your account you could have been improperly charged penalties and other erroneous service charges. These erroneous charges could be part or all of the reason that you went into default.
Therefore, the default should not have happened because you the homeowner are not really that far behind and this foreclosure would not have occurred if your mortgage account was serviced properly.However, you would never know it unless this is looked into and the lender gets away with it.
Loan Origination Mistakes/Intentional Oversights in Documents and Procedures:
When originating the loan if the lender uses proper procedures and properly prepared paperwork many times borrowers will easily see what is truly going on with the loan and cancel and then go shop around for a better deal. The laws, rules and regulations are there for that very reason, so the borrower is protected and to stop lenders from deceiving people into bad loans and contracts.
Many times lenders mess up the procedures and disclosures by mistake or intentionally because if they take the time and effort to do the disclosures and procedures correctly people will see what is really happening with the loan and mortgage and leave go to another lender and get a better deal. So up to 75% and more of the loan documents examined reveal lender violations.
Many of the mistakes//violations that the lenders usually make exist from the start, in the original mortgage process that they used. Therefore, the thousands in damages from those mistakes can be used as set-offs and credits to you the borrower/homeowner and the credits can be applied as if they were there from the beginning of the loan, but never properly credited to you by the lender.
This means that the default amount that they said you were in default at the time they started foreclosing is reduced by the damages amount never credited to you; and this credit is almost always more than the amount the homeowner was originally in default.
Therefore, when the damages amount is larger than the amount the homeowner was said to be in default the homeowner was not really in default and the bank never should have started a foreclosure at the time it did. It was a Wrongful Foreclosure and the foreclosure is stopped and the homeowner wins.
Numerous Claims and Defenses:
There are numerous other ways and claims and defenses for stopping foreclosure that arise from exposing the lenders violations of the law when preparing the paperwork and in showing the lender’s lack of following proper procedures. There are too many possibilities to go in to within this brief discussion of the topic, but you get the point.
We can find the mistakes and violations in your document and give you the edge you need to get the bank negotiating fairly with you or you can beat them in court with these violations exposed. So register to become a part of out program today! The longer you wait the harder it is to have the time to develop the arguments that can be used to win against the lender.