| Foreclosure Defense for Naples and Bonita Springs, Florida |
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Foreclosure defense has evolved over the course of the Southwest Florida financial real estate crisis. Bank counsel has made strives in improving the quality of their Foreclosure Complaints, and defense counsel have responded by honing their defense skills. In addition, mediation has evolved as a means of finalizing a loan modification, pending short sale, or deed-in-lieu of foreclosure as an alternative resolution of the case. Finally, the court system has implemented a "rocket docket" in which the court essentially sets a case track involving one or two "docket soundings," followed by a trial hearing.
Our approach to foreclosure defense includes the following: * Analysis of the lender's pre-loan actions: Did they violate the Truth in Lending Act (TILA), the Real Estate Settlement Procedures Act (RESPA), and did they provide you with notice of right to rescind. * Analysis of their foreclosure filing: Are they the real holder of your note and mortgage, with proper standing to sue? Did they allege the proper elements for their cause of action, and did they file the correct exhibits (for instance the note and mortgage)? * Review of their pre-foreclosure filing activities. Did they give you proper notice of default, and notice of right to cure? * Analysis of any debt collection practices: Did they violate the Fair Debt Collection Practices Act or the Fair Credit Reporting Act? * Analysis of the lender's initial Foreclosure Complaint, and their subsequent supporting documentation including evidence of promissory note, mortgage, and supporting affidavits. * Consideration with the client whether mediation through the RMFM program or otherwise an effective strategy, or if it is just a waste of time and money. * Continued defense of the client's case throughout the litigation process, with the belief that a foreclosure judgment is not certain until it is entered, and even then it might be possible to hold off the foreclosure sale. More and more, it seems that the lending institutions are not excited about getting the property back, and would rather resolve it by other means such as a short sale or loan modification. |
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