Thursday, October 29, 2009

Foreclosure defense- how does an attorney beat a foreclosure suit?

I found this interesting document through searching for info on foreclosure defense, and loan modifications. With the rise in mortgage defaults attorneys that specialize in foreclosure defense have plenty of work
Most people that I meet with are interested in first a "principle reduction loan modification". They are having a tough time keeping up with the mortgage because of lower income, interest rate resets, or they just realize that they are severely upside down in their home. I do not see many instances where the homeowner has been successful in reducing the mortgage balance.
It makes common sense that the current home owner is really the best person to own the home most of the time. I am only there because they were denied a reasonable loan modification, or they really need to move. That''s when the foreclosure defense attorney can potentially help.
In working short sales I have seen there effect is mostly stalling a foreclosure sale and responding to homeowners being served foreclosure papers.
This guide gives examples of cases where Judges have actually reduced or wiped out mortgages on defendants properties! ( which is really what everyone really wants!)
Anyway, this makes for an interesting read into the world of foreclosure defense, and I thought I would post it as a resourse for consumers to get educated, and other agents to gain knowledge. It is written by an attorney for other attorneys so be prepared.
http://www.miamidade.gov/csd/library/foreclosure_dtlrespa.pdf
Let me know what you think.

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