Archives by Tag ' foreclosure defense '
Most homeowners are never told this: Banks do not have unlimited time to foreclose. Every foreclosure case—judicial or non-judicial—is governed by a statute of limitations. That statute sets a deadline. Miss it, and the right to foreclose can be lost. Yet servicers routinely pretend the clock never started, was magically reset, or doesn’t apply to […]
Most homeowners are told the same thing when they face a non-judicial foreclosure: “There’s nothing you can do. There’s no court case.” That statement is misleading. Non-judicial foreclosure is harder to defend than judicial foreclosure—but it is not immune from challenge, and the foreclosing party still must follow the law. If you want a deeper […]
By Donna Steenkamp One of the most common claims made in foreclosure cases is simple and dangerous: “We have the original note.” Judges hear it. Lawyers repeat it. Homeowners are told it ends the case. It doesn’t. That statement hides critical facts, ignores how modern mortgage transactions actually work, and often masks a complete failure […]
Homeowners often hear “quiet title” and assume it’s a magic reset button. It can be. A quiet title action is a serious lawsuit about who legally owns the property. Used correctly, it can be powerful. Used incorrectly, it can get your case dismissed fast. This article explains, in plain English, what a quiet title action […]
When a homeowner gets a Notice of Default, it feels like the ground just dropped out from under them. Servicers design these letters to scare you into silence. They want you confused, passive, and unsure of your rights. But here’s the truth: a Notice of Default is not the end — it’s the beginning of […]
Homeowners in trouble often feel forced into a corner: either try a loan modification or let the bank take the home. But these two paths couldn’t be more different. This post is designed to help you understand your options and the importance of available defenses to stop foreclosure and save your home. Still, the right […]
Can Foreclosure Still Be Stopped? Homeowners facing foreclosure in places like Eustis, Lady Lake, Groveland, Paisley, Mascotte, and Tavares often search for answers only after the process has already started. Many believe that once foreclosure begins, nothing can be done. That’s not true. Foreclosure can often be delayed, challenged, or stopped when homeowners understand the […]
The Problem with Many Foreclosure Attorneys Foreclosure defense attorneys can take your money and not help due to lack of subject matter expertise Foreclosure Defense is a specialty and there are not a lot of lawyers with this expertise Many have conflicting interest with banks and servicers Many have no trial experience; Foreclosure Defense is […]
Why Ownership of the Loan Matters If the plaintiff doesn’t own your debt, they can’t foreclose. How Loan Ownership Gets Lost Loans are sold multiple times. Paperwork often doesn’t match reality. FOCUS ON THE CHAIN OF ASSIGNMENTS “FILED AND RECORDED” IN THE PUBLIC RECORDS REVIEW PLAINTIFFS’ ALLEGATIONS IN THE FORECLOSURE COMPLAINT WHICH RELY ON SPECIFIC […]
When Is It Too Late to Stop Foreclosure? Many homeowners ask this question only after receiving a notice of default or learning that a sale date has been scheduled. The truth is that foreclosure can often still be delayed or stopped, even when the process is already underway. Whether you’re trying to stop foreclosure now, […]
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