Can Your Mortgage Foreclosure Case Really Be Dismissed?
May 12, 2017
It is true. A mortgage foreclosure case can be dismissed. Florida foreclosure fighting attorneys at the Florida law firms have been successful in dismissing residential mortgage foreclosure cases pending in the State of Florida. Utilizing knowledge, experience and persistence, defense attorneys are able to have mortgage foreclosure cases dismissed.
The internet provides access to a vast and variety of information, documentation and viewpoints on every possible issue imaginable. Harnassing that ability with reality allows even an unrepresented borrower the opportunity for success in defending a mortgage foreclosure case.
Dismissals of foreclosure proceedings may be the result of several different methods of defending the foreclosure actions and prosecuting claims against the bank for truth in lending violations and unfair and deceptive trade practices among other grounds. Of course, the fortunate clients are always ecstatic to learn of the success of these “Florida Foreclosure Fighters” in their respective cases. After receiving a copy of the dismissal, homeowners are certainly thrilled at the news.
Utilizing the right of rescission pursuant to the federal Truth in Lending Act, among other legal arguments, attorneys and legal advocates may quietly forced the plaintiff to dismiss the case against their clients. In this instance, if a borrower is unable to obtain or afford legal representation, the pro se defendant is able to access information relating to the applicable truth in lending laws to his or her particular situation.
Form rescission letters are typically and widely available on the internet or in a local law school library. Ordinarily, this forms contain guidelines for the applicability to a particular situation. Of the dismissed cases, several matters included foreclosures initiated by the former Indymac Federal Savings Bank now owned and operated by One West Bank. Part of the foreclosure defense team discovered loan errors and miscalculations during the law firm’s loan audit and examination. If you have refinanced your primary residence within the last three years to an adjustable rate mortgage, you should consider a careful and professional examination of your loan documents. Again, software programs are available for download on the internet to review and examine loan documents.
However, this process is slightly more complex if the pro se litigant is unfamiliar with mortgage terminology and identifying loan documents necessary for the process. However, there are services that are fairly inexpensive to obtain loan examination results. In other cases, the persistent and patient defense of the mortgage foreclosure case may lead to the case being dismissed at a status conference and/or show cause hearing before the presiding judge if the bank fails to timely move the case forward. In cases, such as the aforementioned matter, where the defendant is able to defend the case for some extended period of time, the judge often becomes frustrated with the case not advancing on the court calendar. In such instance, the court may dismiss the case for the bank’s failure to timely prosecute the case.
Common problems and issues existing in these cases included loans that were transferred and assigned through several parties and ultimately into a “trust”. The mortgage foreclosure cases filed by these unknown trust entities create many legal and procedural issues for the Plaintiff to overcome in order to properly complete the foreclosure. With the surfacing of the robosigning issues, the defenses in these cases have become more successful. Researching the existence of the loan trusts is also easier through the internet.
Helpful websites, such as Edgar Online, exist to illustrate where to search and for what information to examine. These websites provided access to databases of information and documentation required for filing and maintaining these trusts with the Securities and Exchange Commission. The borrower needs to use the internet as a research tool to learn and obtain information helpful in dealing with a foreclosure case. However, be wary of the information contained is such sites because the viewpoints may sound great, but are not a legal reality. Seeking the assistance of an experienced attorney is always a better option and more lawyers are providing these services at an affordable amount.