Most people who are facing a bank foreclosure believe that there is simply nothing that can be done to prevent the bank from taking their home. The fact is that there is much that can be done to, at the very least, prevent the bank from quickly taking the home and, in some circumstances, prevent the bank from taking the home at all.
When we take on defense of a mortgage foreclosure, many times we find that the bank that originated the loan did not properly complete the paperwork. What we find even more often is that the bank that is initiating the foreclosusure action against a homeowner cannot prove that it is the legal owner of the mortgage in question, meaning that the bank doesn’t have legal standing to foreclose. These and other issues that we routinely discover can provide a homeowner with defenses to a bank foreclosure.
While defenses may not always prevent the bank from taking back the home, they invariably serve to create additional time for the homeowner to decide on a suitable exit strategy, which may include a loan modification, deed in lieu of foreclosure, or a short sale.
If you’ve been served with a Summons and Complaint of foreclosure, you only have twenty (20) days to file a written response with the court. Therefore it is important that you act immediately.
Call Naples foreclosure defense attorney Darrin M. Phillips for a free consultation about your case. (239) 262 4180