Orlando Foreclosure Defense: Mistakes Banks Make

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“The bank made a mistake” is a common foreclosure defense, and for good reason: big banks make errors a lot more than you would think. Some mistakes may not be on the scale of the situation describe in the video, but when you are trying to save your Orlando home it does not matter if the error in question is big, small, or somewhere in between – if it helps your case, you use it.

Recounting the above story made me want to share with you some other ways that banks can potentially mishandle foreclosure cases and how that can work in your favor.

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Bank Errors That Can Aid Your Orlando Foreclosure Defense

Below are a few common issues our law firm uses to help clients gain advantage in their foreclosure cases:

Induced to default. Here is the situation: you are struggling to pay your mortgage, so you call your bank and explain the issue. Can they work out a loan modification with you? Sure, the bank replies, but they cannot talk about that with you until you actually miss a payment and default. Really, you have to miss a payment before you can get help paying? They say yes. What almost always happens is that, once you have defaulted, the bank refuses to modify your loan. Instead you get a foreclosure notice.

This is an example of where the bank’s false promises induced you to default and you relied on their false promises to your detriment. This is a defense that our firm has had a great deal of success in arguing. An experienced attorney will use this to build a strong foreclosure defense. Be sure to speak with a foreclosure attorney that understands this defense and other defenses.

Missing paperwork. When your lender decides to foreclose on your home, there is a host of paperwork that goes along with it. Usually the banks do not have the proper paperwork to foreclose on your home. Sometimes the bank might have the proper paperwork, but the information actually does more harm to their case than good. A good foreclosure attorney will review the bank’s paperwork in detail. If there are missing documents, the best foreclosure attorneys will know. The best attorneys will also know if the bank’s paperwork has errors or other problems.

Robo-signing. Another mistake that has opened the door to Orlando foreclosure defense is “robo-signing” of foreclosure documents. The big issue of the last several years involves banks abusing the foreclosure process by having bank employees “robo-sign” the foreclosure affidavits—meaning they do not review the facts relating to the mortgage, loan or foreclosure before they sign documents, or that they sign these documents without any supporting facts or documentation, or the sign the documents despite contradictory information.

These affidavits and documents are what the banks use to prove that a homeowner has defaulted on a mortgage, that a bank owns the mortgage and that the bank should be allowed to foreclose. The law says that the person who signs off on your foreclosure must have a detailed and personal knowledge of the case. They have a duty to review documents and facts before signing these foreclosure documents.

When a bank employee improperly signs affidavits or other documents without exercising their due diligence, they compromise the bank’s case and you as the homeowner have a great opportunity to defeat the bank – that is, with the help of a skilled foreclosure lawyer.

Ultimately, what all of this means is that there are a lot of opportunities where your bank might have made a mistake with your foreclosure. The best foreclosure lawyer can find these mistakes when they exist, and use them in your Orlando foreclosure defense.

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