Are you behind on your mortgage? Have you received a Notice of Intent to Foreclose or have you been served a Mortgage Foreclosure Complaint? Has your house been posted with a Bucks, Montgomery or Lehigh County Sheriff Sale Notice? No matter the situation, if you are behind on your mortgage, it is imperative you contact an attorney as soon as possible to go over the situation and review all of your options.
There were nearly 7.8 million mortgage foreclosures that happened between the years of 2007 and 2016 and the effects are still being felt by those that were foreclosed upon even though our economy was supposed to have been well on its way to economic recovery. Now, with the Covid-19 (2019 Novel Coronavirus), we are in an unprecedented place and bound for a surge of more foreclosures and debt suits from all those unfortunately affected by this disaster.
The Mortgage Foreclosure process usually begins when a homeowner is more than 60 days behind on his or her payments. The bank will then file what is known as an Intent to Foreclose that demands that the total delinquent balance is brought up to date. If the payment is not made within 30 days, the Mortgage Company may then hire a foreclosure lawyer to file a Mortgage Foreclosure Complaint with the courts to ultimately take possession of your property. At this point, as a homeowner, you still have many options to keep your home.
Defend The Mortgage Foreclosure Complaint
Unfortunately, the sad truth is that many people delay seeking legal representation until it is too late and there are few options left. They mistakenly rely on assertions from the mortgage company and its attorneys, rather than learning what their real options are.
Common foreclosure defenses include:
- Proving that the mortgage company or its servicer made mistakes with regard to the mortgage or foreclosure proceedings;
- Proving that the lender violated state and/or federal law in the origination or servicing of the mortgage and promissory note;
- Showing accounting errors made by the mortgage company;
- Filing for Chapter 7 or Chapter 13 bankruptcy; and
- Obtaining a Loan modification.
Defendants should be aware that mortgage companies and their foreclosure attorneys often make mistakes when initiating foreclosure proceedings, specifically concerning property descriptions, the appropriate notices, as well as timing. Foreclosure laws are numerous and complicated and the mortgage lending industry adds another layer of complexity, so errors are not uncommon.
Demonstrating lender error, especially pertaining to accounting, notice and property description are some of the more successful foreclosure defenses. Furthermore, mortgages and notes are often serviced by a different company than the one that actually owns the mortgage. Theses companies are often referred to as mortgage servicers and change hands often. These changes are often not recorded properly. Unfortunately, during these periods when servicers change, homeowners may be sending their payments to the wrong services. Payments may also have been credited in error or the amount due may have been incorrectly calculated. These situations often lead to foreclosure actions being instituted.
Additionally, if the mortgage company violated federal and/or Pennsylvania state laws, a court may throw out the mortgage foreclosure proceeding.
Alex Tuttle has been recognized and rated as a Top Attorney and Distinguished Attorney in the area of Civil Litigation as well as a Client Choice and Top Contributor by Avvo and regularly represents clients in Bucks, Chester, Delaware, Montgomery, Lehigh, and Northampton Counties. If you are in need of any assistance or have any questions, please contact us to go over your situation. We would love the opportunity to help you and get your life back to normal.