Foreclosure rights - Defense by compensation in case of mortgage infringement

Practice Lawyer's case: Are you using Defense under Recoupment? 15 USC 1640 (e) As a strong positive defense for your clients?

For consumers: Did you have your loan (from the date of application to the present) audited by a forensic consumer debt analyst?

Those who claim to be secretly involved in the loan signed by the CIA and claim that all measures of fraud has been prosecuted to all involved will receive fairly the "conspiracy theory" phone or e-mail. My first question to this person is always: "Because it's tough, a good lawyer would like to try such a case by researching, quantifying, pleading $ 15,000 + The holder is ready Do you ...?

Others have read (heard) that lending audits and TILA violations can only be helpful in the case of refinancing loans at primary residences over the past three years. In order to expand the right of relief these conditions must be in place, but it is not the only thing that can help those who can be seized (or foreclosed) by foreclosure alone.

Regarding protecting yourself against foreclosure, the first order of business is to establish a clear and authentic problem of the facts serious facts. In Florida's foreclosure defense strategy, we want to quantify genuine problems of serious facts in foreclosure cases, as customers should never allow petition for summary judgment by judges. why?

Florida has extensive established legislation to ruling when there is a notable problem of serious facts. Johnson v. Boca Raton · Community · Hospital · Inc. , 985 So.2 d 141, Murphy v. Young Christian Association of Lake Wales , 974 So.2 d 565. "Significant facts" for summary judgment are facts indispensable for solving legal problems raised in the case, Continental Concrete Co., Ltd. v. Lake of La Paz III Ltd. partnership , 758 So.2 d 1214.

Successfully overcoming summary judgment is a big advantage point for consumers, you can greatly improve opportunities to get executable and fair training, and avoid withholding afterwards.

Therefore, one area of exercise in which Lane Houk and its teams aid consumer lawyers is to complete a forensic loan audit on customer loan certificates from the day the loan application was made. Why do foreclosed clients want to do this? Let's think about it ...

In many cases, the client did not receive the appropriate "pre-closure disclosure" in both the trade in the Lending Act (TILA) and the Real Estate Settlement Procedure Act (RESPA).
Especially when mortgage brokers or intermediate lenders were involved
The actual "lender" of the transaction had an obligation in the same period as the specific disclosure to the customer from the date of application
Many service abuse from the day of closure to the present
Inadequate amount of specific disclosure violation
False abuse by escrow I was almost seen to lose a house with a truth mistake made by a bank, but it will not waver until a good lawyer is involved )
The list continues ...

TILA Civil Liability Department [15 USC 1640 (e)] For a violation that a suit under that provision can be purchased by the US District Court or other courts having jurisdiction within one year from the date of the violation, However, that subsection does not prohibit claiming a violation of this subchapter in the act of collecting obligations purchased more than a year ago from the date of the violation as a defense issue by compensation ...

Consumers can seek damages within one year from the closing date. However, as foreclosing act is an act of collecting debt, consumers are not forbidden to assert "compensation problems due to compensation" in the action of mortgage exercise. (Ie almost all foreclosure complaints are provided at the disclosure level "This is a lawsuit to collect obligations"), even if not disclosed, such acts are intended to collect obligations is not. )

Quantitative claims of violations of TILA (truth on the loaning law) should be submitted as positive defense by lawyers. This is an important fact rock matter. There is no judgment of summary. The lender has to take action until the trial. This should give you much greater power to get exercise. At least this gives you / your clients a much longer time in the house and gives time to work on what works for them. I am recently required as I am looking at a lot of service abuse / misunderstanding that is happening everyday.

I hope this little insight will provide some ideas on how to help themselves in case of foreclosure. For details on the forensic loan audit, please contact by extension (800) 985-4685 extension. 2 or email at Lane@thePatriotsWar.com