The Firm has successfully represented thousands of clients in danger of losing their homes or investments. The Firm has created aggressive, proven, legally sufficient defenses to protect the client’s interests in the real estate. The law firm’s creative and innovative defense strategies have allowed provided its clients with a wide variety of successful solutions.
Strategy: The law firm’s foreclosure defense practice is devoted to ensuring that the bank has followed all legal steps in the foreclosure process to protect the client’s due process of law rights under the Constitution of the United States as well as under state and federal law. The firm will closely examine in each and every case whether or not the lender has properly originated the loan and complied with the various laws including, but not limited to, the Dodd-Frank Act, TILA, RESPA, HOEPA, FCCPA and FCRA, and if the loan was sold, that the lender has properly transferred the loan documentation. The law firm prides itself on being at the forefront of the constantly evolving state and federal laws related to the foreclosure process, debt collection, credit reporting and loan servicing.
Strong Defense: The Firm is committed to aggressively and vigorously defending its property owner clients in foreclosure and loss mitigation matters to get positive results and win cases. The firm’s aggressive and persistent foreclosure defense methods demand the full attention of the opposition and often produce positive outcomes. Its lawyers do not set unrealistic expectations for clients or take on projects unless there is a strong likelihood of success.
Loss Mitigation: A primary goal of the law firm’s foreclosure defense strategy is to allow sufficient time to resolve the mortgage problem for the client through loss mitigation strategies which include loan modification, negotiated reinstatement, short payoffs, short sales, deed in lieu negotiations and loan restructuring. Resolution of the mortgage foreclosure problem is dependent upon many factors, including the type of loan, identity of lender or investor and financial condition of the client. When you hire our firm, you can ensure that our attorneys will work tirelessly and aggressively to assist you with the resolution of your mortgage foreclosure or loss mitigation problem.
Denials of Short Sales & Loan Modifications: The Firm has also assisted homeowners who were denied their right to a loan modification or short sale due to questionable reasons. Please call his for a consultation if you have been denied a short sale or a loan modification as we may be able to assist you. Under recently implemented rules by the Consumer Finance Protection Bureau, lenders are required to meet strict time frames failing which consumers have a private cause of action to force lenders to comply. The Firm has extensive experience in these consumer friendly laws to make sure that lender’s play fair.
Debt Negotiation & Defense: The Firm also assists clients with the defense of debt lawsuits such as credit card debts, money judgments, automobile loan debts and deficiency judgments. The Firm has successfully defended, restructured and negotiated numerous debts and judgments on behalf of clients. Through vigorous representation and zealous defense of these matters, we have been able to successfully negotiate significantly reduced amounts and in some cases have been able to dismiss lawsuits altogether on behalf of our clients.
Credit Repair: the firm also assists its clients with life after foreclosure. The firm has successfully assisted firm clients with repairing credit. By using the federal and state laws such as the Fair Credit Reporting Act and the Florida unfair and deceptive trade practices act, the firm has successfully force lenders to remove adverse credit entries which resulted from consumers who tried to complete loan modifications or short sales. If you have been a victim of improper or in accurate credit reporting, please contact the firm for a consultation.
Defenses: The Firm has used a wide variety of defenses and concepts to defend its clients including some of the ones below:
- Lack of standing
- Notice issues
- Waiver and estoppels
- Statute of limitations
- Procedural defects
- Unclean hands
In addition we have successfully argued many cases using statutory defenses and violations of statutes such as:
- Truth in Lending Act
- Consumer Finance Protection Bureau Servicing Rules
- Homeownership Equity Protection Act
- Dodd Frank act
- Fair Credit Reporting Act
- Florida Consumer Collection Practices Act
- Florida Unfair and Deceptive Trade Practices Act
- Securities Violations
- Federal Fair Debt Collection Practices Act
- Racketeering Influenced and Corrupt Organizations act
- Improper Securitization of Mortgages