Foreclosure Defense Litigation
We Are Different
Throwing some paper at the court to cause a delay is NOT what we do. We take the loan and the foreclosure case apart, piece by piece. We analyze each case independently and prepare a strategy that is consistent with the client’s objectives. Litigation often becomes necessary to prevent or rescind foreclosure, and, in many cases, force lenders to settle our case with a loan modification.
We recognize that many general practice lawyers are looking to jump into foreclosure defense litigation. What makes us different? We are not general practice attorneys—we are mortgage banking attorneys and Compliance Counsel has been a mortgage banking law firm since its inception in 2005. Compliance Counsel’s legal acumen and deep subject matter expertise in the mortgage banking industry allows our firm to fully analyze a client’s case in consideration of the complexities of state and federal mortgage banking laws, and to litigate based on fundamental arguments and understandings of the mortgage banking industry and securitization process, the tenets of foreclosure defense litigation.
Successes
An 87 year-old homeowner came to our firm for help after she was foreclosed upon. She lived in her home for over thirty years and after a long and exhausting loan modification process, she was promised a modification. Her mortgage servicer gave her only a few days to return the signed modification but, given the February snow storm, she was unable to return the agreement in the time demanded. The lender foreclosed on her home anyways. Compliance Counsel filed a lawsuit in Court against her lender and, to avoid further litigation, her lender has agreed to suspend all action pending negotiations for the modification she has been asking for nearly two years.
This story is one of many successful resolutions we have come to with various lenders. We have stopped countless foreclosure sales and have come to settlements that result in a loan modification, even when a foreclosure sale has occurred. This is the most ideal scenario for the client and lender. The client stays in their home with peace of mind, and the lender obtains a once-again productive loan. Even if the client’s goal is something other than loan modification (more time in the home, a short sale, etc.), we have successfully negotiated other forms of settlement as well.
Can We Help?
Ask yourself these questions:
- Did you ask your mortgage company for help, but all you are being told is that you are still “in review” for a loan modification as you go deeper in deeper in debt or delinquency?
- While you were in loan modification review, did the lender schedule you for a foreclosure sale?
- Did the lender foreclose on you after you successfully made all of your trial payments?
- Did your Lender tell you that they can’t do anything to help until you are in default?
- Did your mortgage company force you into default by failing to properly apply payments, refuse payments, or add unwarranted fees and/or “junk fees”?
- Have you been foreclosed on and are you still in your home?
If you are anxious, angry, or without hope and don’t know what to do next or where to turn, we can help. We will analyze your situation and tell you what alternatives are available for your case. We will be honest about your options, not steer you into any direction, and clearly explain the ever-changing legal landscape of foreclosure defense.
Because of our extensive background in mortgage banking law, we are able to thoroughly analyze your loan and your situation to legitimately plan a customized defense strategy that fits your goals. This is generally true whether you are still struggling to make your mortgage payments, or have become unable to pay.
We charge a nominal fee for your first consultation, in which your options will be explained to you, whether you choose to retain us or not. You owe it to yourself to find out.