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Hire the right foreclosure defense attorney

On Behalf of | Apr 11, 2014 | Foreclosure, Real Estate Litigation, Residential Real Estate |

Names and identifiable details have been changed to protect the confidentiality of our clients.

Being foreclosed on is hard, stressful, embarrassing, and – for many people – expensive. Without the assistance of experienced legal counsel to defend your rights, a bank can foreclose and take your home away in as quickly as five months. But oftentimes, hiring good legal counsel can be an expensive proposition that many people think they can’t afford.

Since foreclosures are generally based on an established breach of contract, the vast majority of foreclosures end in one of two ways:

  • A judgment is entered against the borrower and the house is sold
  • A settlement agreement is reached and the case is dismissed, usually through loan modification or short sale

Traditionally, neither of these outcomes offers an opportunity to recoup the additional expenses spent defending the foreclosure. However in some circumstances, the aggressive litigation team at the Law Office of Sam J. Saad III can get the bank to reimburse your legal fees.

While many attorneys and their clients mistakenly see foreclosures as an “open and shut” case with an assumed breach of the mortgage contract, they often overlook one key issue. The bank must properly show the Court that it is the correct entity to foreclose on you, and must follow general legal rules during their lawsuit. It can be shocking how often banks show a complete and blatant disregard for Court rules throughout a foreclosure action. And all too often, the bank gets away with these violations because either the borrower isn’t represented, or the borrower’s attorney isn’t aggressive enough to force the bank to comply.

Our team believes that no person or company – no matter how small or large – is above following the rules of the Court, and we make it our regular practice to consistently attack any rule violations we see for our foreclosure defense clients. Our swift response to bank mistakes can often result in monetary sanctions against the bank being levied by the Court, or even complete dismissal of the lawsuit.

It should be noted that even if the Court dismisses the lawsuit, it does not necessarily mean the bank can’t refile the foreclosure, but it does mean you are immediately entitled to have the bank pay every single penny of legal fees you were forced to incur during the foreclosure.

In a recent case, our firm represented a homeowner facing foreclosure from a nationally recognized bank. The bank repeatedly violated legal procedures during the foreclosure, which we brought to the Court’s attention. This eventually resulted in the complete dismissal of the case, and our clients were awarded attorney’s fees to cover the cost of the litigation.

Being foreclosed upon is too often an extremely frustrating affair usually exasperated by a bank who simply refuses to even communicate regarding potential alternatives to foreclosure. Let our experienced staff take care of you and handle both the legal defense and any negotiations regarding loan modifications or short sales.