CAPITAL LAW CENTER, Robert W. Carlson & Associates, P.A. provides legal representation for individuals and companies that have been served with a foreclosure lawsuit. Whether your property is in a “judicial” or “non-judicial” process state; there are many circumstances where our attorneys may be able to defend your property rights and delay or prevent the bank from seizing your most precious asset, your home or commercial property. We review everything from the mortgage documents, the note, the bank disclosures, to the manner in which you were served, in order to create a specifically tailored plan for your defense. We also review each case in complete detail when seeking assistance through Federal programs, as these programs are designed to restructure mortgage loan terms to make future mortgage payments affordable to people experiencing financial difficulty. We evaluate each client’s individual circumstances to determine an effective plan of action. Property owners, who need additional time to arrange a workout, refinancing, or a private sale, often benefit from fighting foreclosure.

No borrower or homeowner should endure foreclosure proceedings without the assistance of experienced attorneys. In addition, it is now illegal in most states for anyone else except for an attorney licensed to practice law in the subject property’s state, to negotiate a loan modification with your Lender. If your bank is threatening to foreclose, or even if you've already had papers filed against you, it may not be too late to save your property. However, you must be proactive! Homeowners have rights and unless they invoke such rights, they won't be able to mount the best possible legal defense to save their home or property. Homeowners should also beware of lenders that continue to negotiate with a borrower while they also proceed with their foreclosure action. Many homeowners fail to defend against their lender's foreclosure actions based on false representations, false statements, and false hopes that their lenders will work with them after the foreclosure has been filed.

Once you've been served with court papers, you have only a few days to fight back and stop your home from being sold out from under you. The longer you wait, the harder and more expensive your fight will be. That being said, even if your sale date is just days away, in some cases it is still possible to stop the sale and keep you in your home. Ultimately, we highly recommend you contact us immediately so we may get involved in the process to defend you.

In addition, many foreclosure defense law firms do not have all of the necessary services and experience to completely defend your foreclosure. Since our law firm practices both in foreclosure defense, loan modification and bankruptcy, we can combine the three strategies to best achieve your objectives and keep you out of foreclosure, in addition to possibly having your mortgage payments permanently reduced. Other law firms who only practice in one or two of these three areas are not able to fully provide you with the complete solution necessary to handle your case from beginning to end. Contact us now if you were served with foreclosure papers or are expecting to receiving foreclosure papers so we can promptly assist you.

Foreclosure Defense

The recent downturn in the real estate market, coupled with the mortgage crisis, has resulted in an unprecedented rate of foreclosure filings. Clients from across the country have retained CAPITAL LAW CENTER, Robert W. Carlson & Associates, P.A. to defend foreclosure lawsuits. Some states such as Florida or South Carolina are “judicial foreclosure” states, unlike many states where the lender can bypass the legal system to foreclose a property. Our firm has enabled many of our clients to remain in their homes in excess of two years while we make the lender prove its case. Foreclosure Defense can also give you the time to complete a short sale or modify your mortgage so you are able to have affordable mortgage payments and not be faced with a foreclosure or deficiency judgment. There are many circumstances where our law firm may be able to defend your property rights and prevent the bank from seizing your most precious asset. We review everything from the mortgage documents, the note, the bank disclosures, to the manner in which you were served, in order to create a specific plan for your defense. We evaluate each client’s individual circumstances to determine an effective plan of action.

WHY SHOULD I FIGHT MY FORECLOSURE?

If you have been served with a complaint to foreclosure on your home, your options are limited. First, you can negotiate with your mortgage company to reinstate the mortgage. Secondly, you can file a Chapter 13 bankruptcy. Thirdly, you can sell your home or attempt to refinance. Fourthly, you can give up and get out of your home. Finally, you can fight the foreclosure. The first two options assume that you can afford your current monthly payment, and selling or refinancing your home may be impossible if you have little equity, negative equity, or poor credit scores on your credit report. Many homeowners, especially those with sub prime mortgages, can no longer afford the mortgage payments, even if the mortgage were current. This makes a Chapter 13 bankruptcy nearly impossible. Even if you are behind on your payments, and cannot afford the current monthly payment, you should contact us to fight the foreclosure. While you are litigating the foreclosure case, you are not required to make your normal monthly mortgage payments. The legal process will afford you time to modify your mortgage, reinstate the mortgage, sell your home, file a bankruptcy or move out. Most importantly you should know that you may be able to force the lender to completely rewrite the terms of your note and mortgage, enabling you to keep your home. This may sound too good to be true, but you may actually have valuable defenses and counterclaims against your mortgage company that could actually prevent foreclosure and even require your lender to pay you damages.

Across the country, judges are punishing mortgage companies for incomplete record keeping and for violations of the Truth In Lending Act. You may be able to allege valid defenses including fraud and Truth In Lending Act violations. Are you aware that your mortgage company is probably not the same company that actually loaned you the money to buy or refinance your home? How do you know if the mortgage company suing you has been properly assigned your note and mortgage? Your mortgage company may have failed to properly assign the note and mortgage before initiating the foreclosure.

Does your foreclosure complaint even have copies of the note, mortgage and purported assignment attached? Most likely, these documents are not attached, and may not even be in the possession of your mortgage company. Your mortgage company may be attempting to substitute your original note and/or mortgage with a purported copy. This is called a “Count to Establish Lost Documents." There are strict legal requirements to establish a lost note or mortgage, and your mortgage company may be unable to meet the requirements if challenged. If your current mortgage company is not your original lender, it probably has never read your mortgage. Your mortgage may require that the plaintiff accelerate (i.e. demand) the entire balance of the note. Your mortgage company may have failed to do that, which may entitle you the opportunity to cure the mortgage by paying the reinstatement amount. It is also common for mortgage companies to inflate the balance due on the mortgage by charging homeowners junk fees, such as Broker Price Opinions (BPO), property inspections and other "property preservation expenses." So, essentially, your mortgage company may have filed an improper foreclosure lawsuit, but your time is limited. If your property is in a “judicial” process state, you have or will be served a copy of the foreclosure complaint by a process server. You typically have only 30 days to respond to the mortgage company's complaint, so you need to see an attorney immediately if you wish to defend against the foreclosure. If you are beyond the thirty days, there are still defenses that can be raised. If you live in a “non-judicial” process state, you have even less time as the property may already have a confirmed sale date. Call us immediately for a FREE consultation at 1-866-533-2533 and help us, help you!