You should know your Rights and Defenses that you aren't aware of. We at the Thorpe Law Firm, P.A. are here for you. You may have significant defenses that you are unaware of that may stop or prevent the foreclosure of your home.
OUR GOAL IS TO SAVE YOUR HOME BY:
Appearing in the case to protect your legal rights. We will review your case and assert all of the affirmative defenses to which you are entitled.
Reviewing your loan closing documents to determine if there was a violation of federal law.
Reviewing your payment history to determine if the loan servicer properly applied your payments.
Negotiating with the lender for a possible reinstatement, loan modification, forbearance agreement, partial claim, or short sale.
Giving you time to either refinance your home, or in the alternative, give you a chance to sell your home so YOU may keep the equity.
The majority of all mortgage foreclosure cases go uncontested. Because of this, the cases usually go through the legal system very fast. Appearing in the case to protect your rights may slow the case down and may put the lender in a position where it will need to comply with all legal procedures, and show the court it complied with the law. Also, it may give us the opportunity to force the lender to produce all documents in its possession that may assist your defense. If a discrepancy is found, we may be in a much better position to negotiate a FAIR settlement with your lender.
YOUR LENDER HAS AN ATTORNEY. YOU SHOULD HAVE AN ATTORNEY ALSO.
I was formerly the lead trial attorney for one of the largest mortgage foreclosure firms in the State of Florida. In that capacity, I represented mortgage bankers in hundreds of contested mortgage foreclosure actions. As such, I am very familiar with this area of the law. I now have my own firm and I use my experience to assist people in situations such as yours. The proper exercise of your rights may result in a substantial delay or even prevent the foreclosure of your home.
THE LAST THING YOUR LENDER MAY WANT IS FOR YOU TO CALL ME
For people who want to keep their home, some type of a settlement must be reached. While most mortgages give a person the right to bring their loan current (catch up on the missed payments), most people cannot afford this. The next option is a repayment plan where you make double payments until you bring the loan current. For most people this is not affordable either. Because of this, the majority of people would like to get a loan modification.
With a loan modification the lender will add the missed payments back into the unpaid principal balance, which increases the amount of the debt. The lender then may reduce the interest rate or extend the term of the loan to reduce the amount of the monthly payment. On occasion the lender may defer a portion of the new unpaid principal balance creating a non-interest bearing balloon that is due when the loan matures.
A loan modification is something you may attempt to get during the mortgage foreclosure case or during a Chapter 13 bankruptcy case.
FAILURE TO ACT MAY RESULT IN THE LOSS OF YOUR HOME IN AS LITTLE AS 60 DAYS.
A house can be sold at a judicial sale because of a mortgage foreclose, a homeowner's association foreclosure, a lien claim foreclosure, or a tax deed sale. There are many reasons a house may be sold. When a house is sold at a judicial sale, on occasion it sells for more than the amount owed. In that case there will be surplus funds held by the clerk of the court. We have helped many people obtain the surplus funds held by the clerk.
A new disturbing trend that has started is companies claiming to assist people in getting the surplus funds from the clerk of the court. In many of these cases the company is not a law firm. The company will charge 10%-15% for their services which is to hire an attorney on a 33% contingency fee retainer basis to get the surplus funds. The total fee charged can be up to 50% of the surplus funds.
As I have consistently said, there are many people out there looking to take advantage of you. Whenever you have any type of legal problem, always consult with an attorney. Most attorneys give free initial consultations. You need to know your rights before making any type of decision.