Real Estate Litigation Mortgage Foreclosures R A Law group

R A Law group-Losing your home to foreclosure is a stressful and emotional situation. It’s your biggest asset that you worked hard to obtain, and it could be slipping through your hands if you don’t take action. Unfortunately, many homeowners are unable or unwilling to face their situations and end up ignoring the notices and phone calls from their lender and losing their homes. They are either too intimidated to negotiate with their lender or don’t know how to negotiate a foreclosure prevention solution.

You Can Fight Back

Homeowners do have many options to use to fight foreclosure and negotiate a resolution to save their home. Wrongful foreclosures are occurring in great numbers because lenders are sloppy and not following the law. The lender must follow strict foreclosure statutes and laws, or they have to start the process all over again.  Hiring a real estate foreclosure defense attorney to defend you in a foreclosure action is one of the ways you can fight for your home. The attorney will review your loan documents and access your situation to determine which defenses to assert on your behalf in court.

Common Defenses

The most common defenses used by real estate foreclosure defense attorneys are:

• TILA or HOEPA Violations.  Your lender must comply with certain disclosure regulations set forth in Regulation Z of the Act regarding the cost of your mortgage transaction under TILA and HOEPA laws. Your loan must be for your primary residence with regard to a refinance and no older than three years for asserting TILA violations (HOEPA violations can be longer) against your lender. You can rescind your mortgage and recover damages if your lender violates TILA and HOEPA laws.
• RESPA Violations. RESPA laws protect consumers against predatory loan practices such as kick backs and fee splitting between mortgage brokers, Realtors, title companies or closing settlement companies. The laws also prevent lenders and sellers from making borrowers use certain title companies as part of the purchase agreement terms.
• Producing the original note. The lender or loan servicer must produce the original note to substantiate they are the one that own the note. If they cannot, then the foreclosure case may be thrown out of court and the foreclosure invalid because they have no legal right to foreclose.

Should You Represent Yourself?

Foreclosure matters are serious and very complex. Unless you are aware of the foreclosure laws and statutes, you will find it difficult to represent yourself in a foreclosure matter. You may jeopardize your chances of getting the foreclosure thrown out of court and lose your home to foreclosure. It is recommended that you consult with a real estate foreclosure defense attorney to assist you with your foreclosure prevent options and to fight any current foreclosure matter that you may be a part of so you don’t lose your home.

For more information about foreclosure prevention and foreclosure defenses, please contact RA LAW GROUP and ROMEL AMBARCHYAN today to schedule an appointment!