| Re: Foreclosure Prevention Services Moe,
I am a foreclosure defense lawyer in Florida. What I am saying is that once the foreclosure is filed against the home owner the game is not over by any means. That is the time to really fight. Anyone who has been through the court system knows that it takes a long time to get anything do if both sides really want to fight. If the bank can not get a quick foreclosure out of the home owner, then they are kind of stuck between a rock and a hard place.
The fees that will be charged by the banks lawyer will be huge and will likely never be recovered. Moreover the bank still has not received any payments on this loan, taxes are not paid, homeowners dues (if any) are racking up and the insurance premiums charged for forced placed insurance is really expensive.
A typical defended foreclosure will last between 10 and 24 months in most courts in Florida, not including time for bankruptcy, if a reasonable defense can be found (think TILA violations REG Z, MEARS, lost note, ect). It is during this period that true negotiations can be had with the lender. They really don’t want to pay there lawyers and the file is now on the desk of a real person for the bank who wants to close the file and get it off his desk. The investor has been notified of the defenses and the chances of having to pay the homeowner fees and damages for the violations and is really not happy and is probably threatening some action having to do with fraud against the original bank who sold the note to them.
In short, the homeowner who can’t modify there mortgage through tradition means, and has had no luck with giving the property back through a dead in lieu should dig in there heals and fight in court. A few basic forms and a lot of time will slow the process down for some time; time for the homeowner to find a long term solution! |