Foreclosure Litigation Defense Attorneys
Mortgage Relief Services
Deed-in-Lieu of Foreclosure
Foreclosure & Predatory Lending Defense
Foreclosure Defense Attorneys
Learn About Your Options
Save Your Home
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Foreclosure Defense Attorneys
Learn About Your Options
Save Your Home
Contact Us Today
Let Us Help You!
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Dealing With Foreclosure Defense, There’s No Time Like Now
If you have missed mortgage loan payments and foreclosure is imminent, doing nothing is the worst thing you can do since the sooner you take action, the more time you’ll have to save your home! The easiest method to avoid losing your home to foreclosure is to modify the delinquent mortgage loan to more affordable terms that you’ll be able to pay – but that’s another topic. This page is for those situations where you’ve been denied a modification but want to keep your home, and foreclosure defense litigation may be the only option other than filing for bankruptcy.
Foreclosure defense litigation aims to defend your home by any means possible. The most common defense typically involve proving fraudulent or unethical activities occurred either during the origination or the transfer of your note from one lender to the next. Many banks were fined for wrongdoings and intentional fraudulent acts that the courts have been more frequently siding with the homeowners knowing they have been victims of many predatory actions by mortgage brokers, lenders, servicers, and foreclosure attorneys.
Your Promissory Note and Mortgage or Deed of Trust
First off, you need to understand that your ‘note’ is a separate agreement from your ‘mortgage’ or your ‘deed of trust.’ The “note” is the agreement between you and your lender for you to repay the amount they lent you. It states the amount lent, the payments, interest rates, etc. A “mortgage” or “deed of trust,” is the agreement between you and your promissory note lender, that allows them to sell your property (through foreclosure) if you do not pay the note as agreed upon, to satisfy the full amount owed to them under the note. Your mortgage or deed of trust is public record and gets recorded in the county where your property is located – the promissory note is not.
The foreclosure process in each state is different. One of the critical differences is whether or not your state records a ‘deed of trust’ or instead, records a ‘mortgage.’
- If your state records a mortgage, your lender will have to sue you to foreclosure against your property. These states are known as ‘judicial foreclosure’ states, and if you live in one, you are notified of a foreclosure action when you receive a ‘summons and complaint.’ Upon receiving the summons and complaint, you’ll have the opportunity to defend yourself and request proof of your lender’s right to foreclose.
- If your state records a deed of trust, your lender does not have to sue you to foreclosure against you. States with these laws are known as ‘non-judicial’ states, and your lender can foreclose against your property without going through court in what’s called ‘statutory foreclosure’ by supplying you with notice of intent to foreclosure. This notice is what’s referred to as the ‘power of sale.’ To defend your home from foreclosure in a non-judicial state, you would need to sue in to contest the foreclosure action for a judge to postpone the sale.
Your Financial Hardship Is Not Your Defense to Foreclosure
Unfortunately, your financial hardship and reason for you to have fallen behind on your mortgage payments may have been due to illness, unemployment, the birth of a child, etc. but none of these reasons, or any other hardship you may have experienced, are actual legal defenses that will save your home from foreclosure. It is not the job of the legal system to understand why you were unable to pay, but instead, whether or not there was an obligation for you to pay.
How We Defend Your Home From Foreclosure
One of the ways our attorneys can try to defend your home from foreclosure is to have the bank prove they have ‘perfected’ the mortgage and now have the right to foreclose against you. To have perfected means they have to prove they have the rights to the note, and that the note has been properly endorsed and the subsequent mortgage documents were recorded. Perfection has to be proven from the time of the origination of the mortgage loan through the current time, meaning they have to show the records of any and all times the promissory note has changed hands from the time you closed on your loan until now. This must be done to prove your current lender is in fact, the current owner of the note, and therefore is who is owed the money. Any transfer that is not completely valid will invalidate the entire mortgage.
Learn more about our foreclosure defense strategies
Even bankruptcy can help perfect the lien as the laws require your lender to provide proof of their claim. Through Chapter 7, you can list your mortgage note as an unsecured debt to see if your lender is able to prove otherwise through valid assignment. Alternatively, filing a Chapter 13 and simultaneously suing your current lender through an ‘Adversary Proceeding’ would force them to defend by providing proof that their claim is valid.
In some instances, courts have ruled that notes and mortgages are not to be separated. This is important if your loan has been grouped with many other loans and sold to another party. The grouping of many loans together reduces the overall risk of the portfolio of loans in a process known as ‘securitization.’ Securitizing promissory notes usually leads to ‘bifurcation,’ a term which refers to instances when separate lenders or investors hold the promissory note and the mortgage or deed of trust, and therefore, the chain of assignment cannot be perfected.
Each time your bank buys and sells or securitizes a promissory note, it needs to be endorsed by the new owner, who is also referred to as the new holder or investor, and then the mortgage or deed of trust need to be recorded in your county office of records. According to Uniform Commercial Code, your transfers must have a clear title. Due to the volume of assignments, many errors can occur with both endorsements and recordings. Additionally, lenders frequently do not endorse the promissory notes when purchased or securitized, knowing the notes will just be sold again. In states where this is not permitted, banks resorted to correcting these assignments through fraudulent acts in what was known as the Robo-Signing Scandal (you can read more about Robo-Signing on our Predatory Lending Page).
There are other less successful defense strategies when dealing with securitized loans. An argument can be made that your lender was paid once your loan was securitized. Another case can be made that once your note is securitized, it then becomes stock as numerous shareholders own it, and therefore, it is not able to be turned back into a loan. The argument stems from the fact that your promissory note is no longer a loan, and therefore, your mortgage contract or deed of trust is void.
If one party owns your mortgage loan and they use a servicer to handle billing, payments, and record keeping, there may be errors that can be used for your defense specific to the accounting of your loan payments. Common servicer errors include but are not limited to the crediting of payments, additional fees added, excessive reinstatement figures, and misstating attorneys fees, etc. Any error leading to a difference in the principal amount will buy you time when dealing with your defense case, but errors can and will be corrected, so these defenses are mainly to buy time rather than to win your case.
Hiring an Attorney
There are many different situations in which different foreclosure litigation defense strategies will apply. While impossible to list every situation so if you feel you may have a problem with your mortgage loan, it’s best to call for a free consultation with one of our experienced attorneys. We will discuss your specific situation and see if we can build a defense case around your claims. Trying to defend your home from foreclosure without having the experience or knowledge of the laws is a sure way to fail. Don’t take that type of gamble when it comes to your home.
Get professional help.
How Dramer Law Handles Our Foreclosure Defense Cases
Read More by Expanding the Below:
Free Consultation, Fact Finding, & Financial Analysis
When you call our firm, we will want to know how and when your financial hardship began as well as what the current status is, to get a better understanding of what you are experiencing. Our staff is trained to ask the right questions to make sure that no stone in your financial picture goes unturned. Any representative that will speak with you will have a minimum of 10 years experience
We analyze your current financial situation including your assets and liabilities as well as your current cash flow, allowing us to narrow down our services more specific to what you can afford. This step is critical in any of our processes as we ensure that whatever service we recommend will be within your budget and therefore you’re more likely to succeed.
Full Disclosure, Recommendation, & Customization
There are multiple options for each foreclosure defense case we encounter so based on your analysis; we will then tailor fit the best option to the individual needs of your budget. We will explain in great detail all aspects of each process including the risks & fees – not just how much money you can save. Nothing will be hidden from you as we are a full disclosure law firm.
Our Relief Specialists are NOT Paid a Commission so there will be no sales pressure at our law firm. There is no obligation to retain our services. You will be given all the facts you need, and then you will be given plenty of time to think things over. Debt relief is an important decision, and we won’t rush you! We have worked hard over the years to earn the reputation we have by giving honest advice to those in need rather than the advice that benefits our bottom line!
Limited Power of Attorney & Authorization to Communicate
Lenders are Sent Notice of our Representation
Once retained, we immediately send a copy of our Limited Power of Attorney to your mortgage lender, their debt-collectors or attorneys. Sending notice of representation is the first step in curbing any creditor or collector calls you may be receiving. We do not want you to be harassed – we’ll take over the calls for you.
The Fair Debt Collection Practices Act (FDCPA)
Once any third party servicer, debt collector, debt purchaser, collection attorney, foreclosure attorney, etc. receive our Limited Power of Attorney, they are obligated to contact us directly on your behalf. Failure to do so is a violation of the FDCPA, and we will sue them for you. There is no fee charged to you if we do not win your case, and if we do win, you can win up to $1,000 per violation, and the collector in violation will pay our attorney fees for you. It’s basically free money!
We Get the Job Done!
We Work Efficiently & Quickly
The combination of our experience, well-trained representatives, long hours, and state of the art software, allow us to accomplish more in any given day than most other firms only dream about. This can be said for ANY service we offer from negotiations to litigation to bankruptcy. We work quickly on your behalf as the longer you delay with foreclosure defense, the worse the problem gets. We will be in touch with you throughout the process to keep you informed and are available when you need us.
Servicemembers Civil Relief Act (SCRA)
If you’re a military member, the SCRA protects you if you closed on your mortgage loan before you were on active duty. If you fall delinquent while on active duty and you reside in a non-judicial state, unless your lender gains approval, they will be forced to sue you to foreclosure against you as if you lived in a judicial state, at which time you can provide proof of your active duty status and the foreclosure will be stayed.
Beware of Foreclosure Rescue Scams
Be wary of too good to be true “foreclosure rescue” scams. If anyone solicits you while you are in foreclosure, what they are offering is most likely not legitimate.
Lump Sum Payment Scam
With this scam, a company will pretend to be your current mortgage lender or servicer and will offer to save your home from foreclosure if you pay them a lump sum. If this were actually your lender, this payment would be a called a reinstatement, and the amount would be quite significant to pay off all the past due payments, plus interest and fees. The scam involves paying a much lower which is why it is so enticing, and you would be paying an unaffiliated party.
Below Market Cash Payoff
Another scam is to have an individual or a company offer to pay you a lump sum of cash for your home at a price well below fair market value in exchange for the deed, with the promise you’ll be allowed to remain in your home for a period, usually several years. As soon as the ink dries, they already have your property on the market for fair market value. Once a buyer comes along, they sell your home out from under you giving you no notice.
Deed Transfer and Refinance
Another scam similar to the below-market cash payoff scam involves signing over the deed to your house with the promise that you’ll be able to stay there. In reality, the new deed holder initiates what’s known as a ‘cash out refinance’ in which they use any equity in your home to apply for an equity loan. They then take the cash and vanish, leaving you to deal with the foreclosure and without the equity you once had.
False Loan Modification Promises
Still, other scams can be the reason you’re in foreclosure in the first place as there are less scrupulous loan modification companies that promise to lower your mortgage payments if you stop making payments to your lender – so you can pay them a fee instead!. You should always make your payments if you can afford to and if you are in need of a modification, a reputable law firm can help regardless of whether or not you have fallen behind on your payments.
Are you looking for professional advice?
Let Us Help You!
If you or another company have been unsuccessful in defending your home from foreclosure, one of our Mortgage Relief Attorneys may still be able to help. We offer multiple solutions and various ways to help get your home out of foreclosure.
One way or another, we can help!
Why Choose Dramer Law for Foreclosure Defense Needs?
Debt is Our Specialty
Other companies and law firms offer debt relief – we specialize in it! We do not offer any services that aren’t strictly related with clients that are struggling financially so our clients have unique needs, compared to those of other law firms, that we can cater to. We know the laws and we know them well. You should never settle for less than the best when trying to avoid foreclosure.
Since we don’t practice all different areas of law, we are used to helping people that are struggling financially so our clients don’t have tons of money to spare. Unlike other attorneys, we charge low fees making our services affordable for anyone that needs help.
One on One Client Service
All of our client relationships are One on One. You’ll have one individual client service representative that will be your point of contact and you’ll build a relationship with them so they’ll know exactly what you are going through. Aside from treating you with the upmost care possible, this means you won’t have to deal with multiple people and re-explain your situation to a different person each time you call. This saves time for you and eliminates any extra stress for you as time is money and being stress free is just as important as being debt free!
Client Service Response Time
All of our attorneys, paralegals, and negotiators are dedicated to providing the best possible experience, while achieving results. We are available long hours but should we happen to be unavailable for any reason we pride ourselves on returning calls and emails right away, not several days later like most attorneys.
Many companies do nothing for the high fees they charge. We have heard many horror stories. These companies aren’t proactive, they put no effort into negotiations, they don’t even return your calls let alone calls from collectors! These actions cause collectors to seek other measures to collect, often meaning lawsuits. We typically work repeatedly with the same companies and are known for resolving accounts so therefore have a great reputation with industry lenders and collectors. This benefits you when we contact these companies on your behalf, they know the accounts will get resolved and therefore we are usually able to avoid legal action!
Many times, when we successfully defend our client’s homes, they still need assistance with other areas of their financial life. We offer many different services for those struggling with debts including Business Debt Relief, Consumer Debt Relief, Tax Relief, & Student Loan Relief. When Debt is the Problem – We Have the Answers!
The court proceedings were annulled, and agreeable working terms were consolidated with my creditors
I wouldn’t go anywhere else.
Very sharp and on point. Their price is very reasonable.
“Like most people bankruptcy never crossed our mind. My husband and I owed a lot of debt due to closing of our business, but we still tried to payoff debtors little by little. Until we got hit with a summons from the court ( for over 100K lawsuit). We research all over the internet and called many law firms and layers. Many of them ask what we want to do?.. We wouldn’t of call if we know what to do. And some offered hardship /debt relief or settle your debt for less.. no matter what you call it at the end you still have to pay the creditors, the debts collectors and the lawyer. In our case there is no way we can payoff everything. Many random phones calls later, we were fortunate to come acrossed Mike, he has explained to us bankruptcy doesn’t mean we will lose our house or car. As couple we are able keep certain amount of assets. We were also worried about our credit score, the bankruptcy record will stay in your record for 7 years ( our score were poor anyway). There aren’t that many reviews on the internet about them and like most people we’re not sure if we can trust them. Give Mike a call and a chance, his very sharp and on the point. Their price is very reasonable. Bankruptcy was the best choice we made and the cheapest way out. Now half year later we are debt free, no need to worry from phone calls from debts collectors. Get to keep our house and car, even our credit score went up. Don’t understand why we didn’t do it sooner I guess we were like a lot others going day by day try to be nice by paying off little by little. Thanks!” JC, Queens, NY. 7-7-2017
They were extremely professional and made the process easy
“The Law Offices of Kenneth H. Dramer P.C Attorneys at Law were efficient in handling by bankruptcy case. They were extremely professional and made the process easy! I highly recommend them.” – Jamie M. Seaford, NY 5-30-2017
They're highly recommended
It has been an absolute pleasure working with you
“I just wanted you to know it has been an absolute pleasure working with you. You never made me feel harried, pressured or overly anxious about paying off my bills. I wish everyone would be like that. Thank you again & i hope you don’t mind if i touch base with you the future, just to give you updates on how things are going. Be well.” Mary R. Bayshore, NY 4-30-2018
I would highly recommend Dramer Law for your debt settlement needs
“I would highly recommend Dramer Law for your debt settlement needs. A few years ago my husband and I had accrued entirely too much debt and no matter how hard we worked or how much we tried, we were unable to keep up with our bills and making the minimum payments was getting us nowhere. The best decision we could have made was to begin the debt settlement process. Most of the debt was in my name so I contacted Dramer Law . I have been extremely pleased with the efficient, attentive, reliable service provided by Michael Sininsky. I was initially hesitant to enter into any debt settlement program but now, without hesitation, I will say it was the best decision I could have made . From the initial consultation and throughout the entire process ,Michael patiently and fully explained everything. Any questions I had were addressed rapidly and any messages I left were returned promptly. I/we started out with $87,555.84 total debt and ended up paying back $26,020.71. That’s a savings of $61, 000.500 , or a 70% discount off our balances. I’m so happy we decided to go with Dramer Law and cannot thank Michael enough for all his hard work and professionalism. Any fees paid to Dramer Law were very fair and minimal compared to what I was paying to the credit card companies each month. Being debt free is such a relief- now we can move forward and put our money toward our kids college educations and save for our future.I am happy to recommend them and am so glad I contacted them a few years ago. Sincerely, Susan M.” Commack, NY 3-27-2018
We would highly recommend their services for debt reduction and settlement rate negotiations
Your promptness, efficiency, and trustworthiness have always been beyond my imagination.
“Thank you very much. Your promptness, efficiency, and trustworthiness have always been beyond my imagination. Perhaps I will be like that one day (in another life).” Peter L Valley Stream, NY 3-2-17
Thanks for being so helpful
Not only did you get me out of debt but you gave me a freedom that can’t be described.
Thank you so much for your help. I’ve said it once, and I’ll say it again – you are greatly appreciated!!
“When I initially called, I spoke to Mike. I want to say, he immediately put my mind at ease. He explained your retainer fee; that costs for filing papers; phone calls, and other incidentals, would be deducted from that fee and, if any fees were due at the end of the process, I would be liable for those additional fees. Mike was able to work with me, keep me calm and focused, and I have gone from being in foreclosure to NOT being in foreclosure!! I’m so relieved. Mike spent time communicating with me either by e-mail or phone. He kept me up-to-date about the process of this whole mess I got myself into and he was truly a comfort to me these past few months. I hope other staff in your office are as efficient and compassionate as Mike is. He’s truly an asset to your business. Mike – Thank you so much for your help. I’ve said it once, and I’ll say it again – you are greatly appreciated!!” – Susan F. Copaigue, NY. 6-13-16