Hundreds of thousands of foreclosures are filed each month, and nearly 97% of homeowners choose to do nothing to defend their rights or their home. Many are unsure of what to do when they fall behind on their mortgage. One of the most important things homeowners can do is take steps to understand their legal rights and develop a plan. Oppenheim Law has developed unique plans for clients throughout this foreclosure crisis and has proven to be extremely effective in implementing strategies to defend foreclosure and prevent costly deficiency judgments.
If you are facing foreclosure and are unsure of your options, it is important to remember that the sooner you develop a strategy, the more successful your foreclosure defense will be.
For many homeowners, foreclosure defense is an opportunity to buy time. In some situations, time is all a family needs to get back on their feet and remain in their home. Time also affords homeowners an opportunity to execute a short sale, strategic default, deed-in-lieu, or even a mortgage modification. Such tactics may actually prevent foreclosure and deficiency judgments.
Recently, Oppenheim Law defended a foreclosure in which the bank lost the mortgage and note and improperly transferred the mortgage from one investor to another. In fact, the assignment was not even recorded in the public records. Considering the size of banks, and the numbers of foreclosures they are processing, mistakes like these are incredibly common.
While defending this foreclosure, our client was able to short sell their property for an amount $200,000 less than the amount due on the mortgage. Oppenheim Law was able to negotiate an agreement with the bank ensuring a deficiency judgment against our client would not be pursued. The client is free of the underwater property, the bank is substantially compensated, and the possibility of a costly deficiency judgment is negotiated away. Our client is now able to continue his life without the heavy burden of banks chasing them for the next several years.
If you are falling behind on your mortgage, it is in your best interest to plan a foreclosure defense strategy. Don’t ignore a notice from your bank and don’t wait until a sheriff’s deputy is knocking down your door. Contact us online or give us a call at 954-384-6114 today for a consultation to discuss your options.