What is Induced to Default?

Video Script Below

Hi. This is Steve Kramer of the Kramer Law Firm. I’m a Florida foreclosure defense attorney and today we’re going to be talking about some of the defenses to foreclosure. The first defense that you may or may not be aware of is the defense that you were induced to default. What does that mean? Induced to default means if you’re dealing with foreclosure you may have called the bank to talk about your situation. You may have asked them “Can you give me a modification? Can you give me a short sale? What can you do for me? I can’t make my payment, I’m upside down…” Whatever it is. A lot of time a bank will tell you we can’t help you because you’re current on your mortgage. And you’ll say, “What do you mean I’m current on my mortgage? I’m going to fall behind. I’m trying to make the payments right now but I can’t do this for much longer.” And what the bank will say is that we can’t help you until you’re in default for at least 60 days. Now I’ve represented a lot of people that relied on that promise that the bank says that we’ll work with you in good faith in 60 days. And what happens is my clients go into default, they don’t make their payment for the first month or the second month or the third month, and then they call the bank and say, “Hey bank. I didn’t make my last 2 payments but you told me I needed to do that so we can work out something so that we can get a modification.” And the bank says you know what, you don’t fit, you don’t qualify. Or they say, yeah, we’ll put you in a temporary modification but that doesn’t last. Well, the next thing you know you get served with a foreclosure and you weren’t expecting it. You went into default because the bank told you this was the right thing to do. They told you that this was going to get you what you wanted. And now you’re facing a foreclosure and you’ve got to call somebody like me to defend it. Well, you need to know that is a defense to your case. And that functions as a really good opportunity to get some time in your house and maybe get a better advantage in your case. Why am I telling you this? Because you have questions probably if you’re dealing with this issue. And I deal with this thing every day. I can help you if you have any questions and you can call me at the number below. If you’re watching this video Youtube or Facebook, do me a favor; press the “Like” button below the video. This way your friends and family can get the benefit of this information I’m giving you right now. Now, if you need to talk to me again call me at the number below. Thank you for watching the video. I’m Steve Kramer of the Kramer Law Firm. Have a good one.

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