Fraud or Wrongful Foreclosures
Your mortgage company may have filed an improper foreclosure lawsuit. Fortunately, judges across the country are beginning to punish mortgage companies for deceitful business practices and incomplete record keeping.
Did you realize your mortgage company is probably not the original company that loaned you the money for your home? If your current mortgage company is not your original lender, it probably has never read your mortgage. Your mortgage may require that the plaintiff demand the entire balance of the note. If your mortgage company failed to do that, you may have the opportunity to cure the mortgage by paying the reinstatement amount.
Has the mortgage company that is suing been properly assigned your note and mortgage? The foreclosure complaint might not even have copies of the note, mortgage and purported assignment attached, and the mortgage company may not even be in possession of these documents. We’ve seen lenders attempt to substitute your original note and/or mortgage with a purported copy. If challenged legally, your mortgage company might not be able to meet the strict legal requirements that establish a lost note or mortgage.
Contact the attorneys at Parker & DuFresne immediately for a free consultation if you’re facing a foreclosure. Chip Parker is a graduate of the prestigious Max Gardner's Bankruptcy Boot Camp, which has been featured in Business Week magazine and on ABC's Nightline. The attorneys of Parker & DuFresne are armed with the knowledge and resources to fight your mortgage company. They will meet with you to review your foreclosure complaint and discuss your options. Their ultimate goal is helping you avoid foreclosure so you can keep your home. Call 904.733.7766 or complete the online consultation request today.