Family Never Misses Payment but Gets Foreclosed on

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Family never misses a mortgage payment and they still get foreclosed on. I’m Steve Kramer. I’m a Florida foreclosure defense attorney and today I’m going to tell you a story about a client of mine that we represented in a foreclosure. And this is a case where a family had made every single mortgage payment; they’d never even been late. And yet, the bank filed a foreclosure against them and obtained a judgment, even though they’d made the payments. And they didn’t even know this was going on. They called the bank and they said, “What’s going on? Why are we getting this paperwork?” And the bank said, “Ah, don’t worry about it. We got it; we’ll take care of it.” And they finally got the picture that there was a problem – that something was amiss – when they got a notice that there house had been sold. And they came to our office and they were distraught. And rightfully so. If you had made every mortgage payment and you got a notice that your house had just been sold, you’d probably be pretty upset too. So we immediately got to work. We went in there and we filed a motion to vacate the judgment. And what we did is we turned over copies of every payment they’d made. We showed the bank and we showed the court that they’d made every payment by check and we attached it there. And we put affidavits in where they swore they’d made every payment. We did everything that we needed to do to show the court that they’d made the payments that they were supposed to make and in the end, the court went ahead and they set aside – they canceled the sale, they canceled the judgment – and the case ultimately got dismissed. And this is a situation that can happen to anybody. And this is especially true for people who are dealing with modifications or other negotiated deals with the bank. This, the family that I’m talking about, the story that I’m telling you is somebody that never missed a payment. They weren’t in a modification. They weren’t in any negotiated deal, any forbearance agreement. They were just average people who’d never missed a payment. Here’s the moral of the story: banks are big bureaucracies and they make mistakes. If this can happen to people who are making their payments every month and have never missed, then it can happen to you. I’m telling you this because I deal with this all the time and I’ve seen everything. I’m Steve Kramer; thanks for watching.

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