Foreclosure Defense Vs. Foreclosure Litigation

By Author: Harris Symonds
Total Articles: 121
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Foreclosure Defense Strategy

As foreclosure defense attorneys providing Defendants legal assistance, we see that there are a number of different issues that are involved with clients’ decisions, including their long term goals for the future. Homeowners have increasingly begun pursuing litigation options against their lenders for various irresponsible handlings of mortgages.

This generally means two things:
1. Legal foreclosure defense to defend homeowners in their foreclosure lawsuit, and
2. Foreclosure defense lawyers sue the bank in a separate lawsuit.
3.
More specifically, foreclosure attorneys are challenging the initial validity of the foreclosure case and the lender’s ability to bring the foreclosure action against our client. For example: is the mortgage lender really the holder of the note? These claims against lenders can be successful, however the result is likely to be a foreclosure process delay and not a foreclosure resolution. If the foreclosure lawsuit is dismissed without prejudice due to the fact that the lender “erred” in their filing, the foreclosure case can ...
... still be re-filed. When the foreclosure lawsuit is re-filed, the efforts of the law firm’s second case are to delay foreclosure and delay a foreclosure sale of the property.

Foreclosure Law Firms Need a Loss Mitigation Department

This is where the importance and significance of a foreclosure law firm with a loss mitigation department comes into play. Our firm is deeply rooted in the mortgage industry and has experienced loss mitigations working side-by-side with foreclosure attorneys and sharing their gainful contacts with mortgage lenders and lenders’ attorneys. This provides a unique, and powerful instrument of foreclosure defense. Foreclosure settlements and loan modifications are not the only option but from our firm’s experience they produce the best and fastest results.

Having the knowledge of how to proceed and knowing your legal options for dealing with your home foreclosure is an important dynamic all homeowners should consider when hiring a firm to assist them.

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