Legal Perspective on Wrongful Foreclosure Actions and Potential Damages

In the intricate landscape of foreclosure cases, a formidable litigation strategy is essential to navigate the complexities. Drawing on our team’s extensive experience in litigating complex foreclosures in both judicial and non-judicial states, we present here an array of meritorious civil actions. All strategies herein are aimed at addressing the deliberate orchestration of illegal foreclosures against homeowners. This article explores key legal aspects, including wrongful foreclosure claims, violations of statutes, and potential damages applicable nationwide.

Our Formidable Litigation Strategy: Uncovering the Layers of Complexity

Aligned with a robust defense strategy, our approach involves a comprehensive review of all pertinent instruments filed and recorded by banks and agents. These instruments are purposefully designed to facilitate foreclosure, creating a challenging environment for homeowners. Through this diligent review, we’ve identified potential courses of action, allowing clients to file independent claims against corrupt lenders.

These independent claims encompass a spectrum of violations, including:
1. Wrongful Foreclosure
2. Violation of State-Specific Statutes Addressing False and Misleading Instruments
3. Violation of Deceptive and Unfair Trade Practices Acts (DUTPA) Nationwide
4. Violation of Civil Theft Statutes Across All States

Navigating Statute of Limitations Issues in Foreclosure Claims

In the realm of civil actions, particularly those asserting fraud, the statute of limitations becomes a critical consideration for legal merit. The applicability of these timelines varies across states, and understanding the nuances is crucial for homeowners nationwide. Receiving a case at its inception allows for the assertion of affirmative defenses and specific discovery aligned with our model.

Wrongful Foreclosure Claim: Decoding the Elements Nationwide

A cause of action for wrongful foreclosure exists nationwide, rooted in crucial elements such as the occurrence of a foreclosure sale and the plaintiff not being in default. Wrongful foreclosure transpires when a lending institution forecloses on a property without proper legal basis, whether due to mistakes, negligence, or intentional misconduct. Determining the wrongful nature of foreclosure involves assessing if the property was sold as a “mortgage-backed security” and verifying the ownership of the loan or note by foreclosing parties.

Potential Damages Resulting from Independent Claims: Unveiling Legal Avenues Nationwide

Our legal model and forensic foreclosure analysis uncover several independent actions based on meritorious claims and causes of action. Concrete findings supporting these independent actions may pave the way for potential legal damages against the lender, servicer, bank, and its agents nationwide.

Damages for Violating State-Specific Statutes Addressing Unlawful Filing of False Documents or Records

Each state has its specific statutes addressing the unlawful filing of false documents or records. Homeowners have the right to request a jury trial, and if the court finds unlawful conduct by the bank or lender in wrongfully foreclosing on a person’s ownership interest, punitive damages, along with payment of attorney’s fees and costs, may be imposed against the losing party.

Deceptive Trade Practices Act (DUTPA): Seeking Compensation and Justice Nationwide

Nationwide, various states have enacted Deceptive Trade Practices Acts (DUTPA) or similar consumer protection laws. These laws open avenues for the recovery of compensatory damages necessary to adequately compensate an injured party for losses sustained due to the defendant’s wrongful or negligent actions. Additionally, DUTPA allows for the recovery of attorneys’ fees for the prevailing party.

Civil Theft Statutes: Safeguarding Against Unfair Practices Nationwide

Across all 50 states, unique protections are afforded through civil theft statutes, defending businesses and individuals from civil theft or exploitation. Victims of violations have recourse, with potential recovery of damages, along with applicable attorney and court fees.

Conclusion: Empowering Homeowners Nationwide in the Face of Foreclosure Challenges
As homeowners nationwide grapple with the challenges of foreclosure, understanding the legal avenues available becomes paramount. By delving into wrongful foreclosure claims, violations of state-specific statutes, and potential damages applicable across all states, individuals can empower themselves with knowledge and seek justice in the face of unlawful foreclosure actions. Our formidable litigation strategy aims to not only defend but also to advocate for the rights of homeowners navigating the complex web of foreclosure, regardless of the state they reside in.

Need help in assessing your case? Does your attorney need our help? Use our services to help guide you through the process early enough to avoid mistakes that can cost you your home in an illegal foreclosure action. Call our office today at 844.583.5339 to inquire if we can help. You can also submit a case statement here and get a complimentary recommendation as to your best course of action. Want to see samples of our work in wrongful foreclosure cases? Join our private facebook group to see sample suits and other proprietary material. Click here for access to this private group. 

FORECLOSURE DEFENSE IS NOT SIMPLE. THERE IS NO GUARANTEE OF A FAVORABLE RESULT. THE COMMENTS ON THIS BLOG AND ELSEWHERE ARE BASED ON THE ABILITY OF A HOMEOWNER TO WIN THE CASE NOT MERELY SETTLE IT. OTHER LAWYERS HAVE STRATEGIES DIRECTED AT SETTLEMENT OR MODIFICATION. THE FORECLOSURE MILLS WILL DO EVERYTHING POSSIBLE TO WEAR YOU DOWN AND UNDERMINE YOUR CONFIDENCE. ALL EVIDENCE SHOWS THAT NO MEANINGFUL SETTLEMENT OCCURS UNTIL THE 11TH HOUR OF LITIGATION.

But challenging the “servicers” and other claimants before they seek enforcement can delay action by them for as much as 14 years or more. In addition, although currently rare, it can also result in your homestead being free and clear of any mortgage lien that you contested. (No Guarantee).

Yes you DO need a lawyer.

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Tags: lance denha esq.
Posted in Corruption, securities fraud |