| |
Testimonials |
 |
|
|
|
|
|
What is Foreclosure Defense and How It Works? |
The goal is to achieve a loan modification creating as much leverage as possible |
 |
When you stop making monthly mortgage payments to your bank/lender/servicer, because of any hardship you might be experiencing, the servicer will send you a "notice of default" stating that you are in default and that you have 30 days to cure the default by paying the delinquency amount; otherwise they will accelerate the balance and foreclose your mortgage and repossess your home.
If you are facing that situation, we can help. You have the right to have your debt validated under the Fair Debt Collection Practices Act (FDCPA), which stops all collection procedures until the debt is validated. Also you have to right to request to the servicer a copy of your loan documents by mailing them a Qualified Written Request (QWR). Additionally you have the right to inquire who the owner of your loan is, under Truth in Lending Act (TILA), and you also have the right to inquire to inspect the wet-ink promissory note. |
With all those documents, we will perform a closing documents examination (a review of the documents you signed at the time of closing), in addition to a securitization examination (a review of the Pooling and Servicing Agreement and the Assignment of Mortgage) to detect which violations were perpetrated at the time of closing and when your loan was transferred from hand to hand. Also we will perform a loan payment history examination (to analyze if your payments have been properly applied to your account pursuant to covenant two of the mortgage. Additionally, we will analyze whether the alleged owner of the loan has proper standing, capacity and entitlement to foreclose your mortgage. Finally, we will examine how the affidavits and motions filed in Court, in addition to the assignments of mortgage recorded in the Land Records, were executed or whether they were signed by robosigners. There has been too much fraud perpetrated by banks and servicers who repossessed thousands of homes without proper right to foreclose. We will use the outcome of those examinations (closing documents examinations, securitization examinations, loan payment history examinations) in order to help you fight back and get a loan modification. The end-game is to create as much leverage as possible to achieve a loan modification that reduces your interest rate and your mortgage payments (and possibly a principal reduction), trying to make your loan a fixed-term loan instead of a variable interest rate loan.
|
|
.png){kind=small}
