Successfully Fighting Foreclosures Requires The Strategies Most Foreclosure Defense Attorneys Get Wrong Or Don’t Even Bother Pursuing
Homeowners are successfully fighting foreclosures in record numbers since the housing collapse in 2008. Why? Homeowners are realizing they can successfully fight foreclosure actions brought on by unscrupulous mortgage servicers.
Or in a worse case, fight the lender to a standstill and negotiate great deals.
MFI-Miami and our law firms have busted mortgage servicers doing shady business time and time again. We have busted them for predatory lending practices and mortgage loan fraud. In addition, we have also busted them for unfair and deceptive lending practices. This also includes modifications. As a result, homeowners have endure months and years of emotionally draining foreclosure litigation.
There is nothing more shocking than learning that you are losing your home through no fault of your own.
Unfortunately, most foreclosure defense lawyers and their so-called experts fail understand the tools at their disposal.
Fighting Foreclosures Takes A Team Of Mortgage Experts And The Right Attorneys
MFI-Miami and our network of attorneys may be able to help. The MFI-Miami team has over 75 year combined experience in mortgage lending. As a result, attorneys use our investigations and our experience to determine whether your lender violated any of the state or federal regulations.
However, homeowners who are successful in fighting foreclosures understand the following:
Step 1 – Successful Homeowners Work With Us To Stay In Their Homes
The MFI-Miami team and our affiliated lawyers can help you gather the information from the lender. The more documents we can collect, the easier it will be fight your foreclosure and save your home. Why? Believe it or not, lenders and servicers like to give us fraudulent documents. They also like to enter these fraudulent documents with court. You can help us prove this by supplying us with the following:
- Your loan documents from your closing.
- A timeline of events.
- Logs of any phone conversations with dates, names and phone numbers of any representatives you spoke to, and notes on what information they gave you.
- Copies of any email or letters received from or sent to the lender.
- Your most recent credit report from all 3 credit reporting agencies.
- Any evidence of the fraud or deception.
Step 2 – Understanding Your Rights Is The Key To Successfully Fighting Your Lender
Homeowners have certain rights under both state and federal law. After the 2008 financial crisis, these rights were strengthened under the Dodd-Frank Act of 2010. MFI-Miami uses our experiences in mortgage banking to review your case and determine whether those rights were violated. We then compile a report detailing these compliance violations.
Some of these violations get skipped over by our competitors and other law firms. Especially foreclosure defense law firms that came about in the aftermath of the financial crisis:
- The Fair Debt Collection Practices Act (FDCPA) is a federal law which protects consumers against unfair debt collection practices, such as harassment.
- The Fair Credit Reporting Act (FCRA) is also a federal law which protects consumers against credit reporting errors and failure to conduct a reasonable investigation of disputes to resolve the errors.
- The Telephone Consumer Protection Act (TCPA) is a federal law that protects consumers from unsolicited phone calls and text messages.
Step 3 – Fighting Foreclosures Sometimes Requires Getting Government Agencies Involved
MFI-Miami also reports fraud to the various state and federal agencies. We do this in most of our foreclosure cases. Why? It forces lenders to take homeowners serious in a foreclosure fight. Federal and state investigations cost lenders and servicers a lot of money. They are also time consuming and consume a lot of man-hours.
Compliance Issues And Fraud:
The Consumer Financial Protection Bureau (CFPB) is great because if you present them with evidence. They will confront the mortgage servicers. However, in most cases the mortgage servicers will play dumb or make empty promises. But, it does give you important documentation you can use in court.
Mortgage Fraud On Government Backed Loans:
Nothing scares a FHA mortgage servicer or a reverse mortgage servicer like a complaint to The US Department of Housing and Urban Development (HUD) Office of the Inspector General.
FHFA who is the government’s conservator for Fannie Mae and Freddie Mac also has an OIG unit. Trust us, the FHFA-OIG is scarier than the FHA-OIG. If you are having issues with the servicer of your Fannie Mae or Freddie Mac loan, call Fannie or Freddie directly. They can usually help you cut through the insanity of dealing with your mortgage servicer by contacting them. Fannie and Freddie have to answer to members of congress. So, they have no problem giving the servicer an attitude adjustment.
If they suspect the servicer is pulling some shenanigans, they very well may contact FHFA-OIG before you can.
Successfully fighting foreclosures is knowing the weapons at your disposal.