Undergoing a foreclosure means a state in which you lose your property legally to the lender that lent you financial loan or mortgage when you default payment or you have not been able to raise repayment money. This property in most cases is the one that the lender lent to you or the one that you used as security or collateral for the said loan. The lender does this so that he recovers the remaining balance. However, if you do not want to lose your property, you embrace Florida foreclosure defense.
Many people have lost their properties and homes through the foreclosure process. The main reason as to why this has been happening is because, when one is unable to make the payment, he just ignores the situation and waits for a lender to take the step he thinks is appropriate for him.
Others start delaying the entire process thinking that they will succeed in not losing their property. If you do not want to lose your property, it is important to take an immediate action once you notice you have developed a financial problem or when you notice that your lender want to retrieve the asset.
These defenses may come from a mistake that the lender has committed. Some of the mistakes include omissions on some clauses or crucial information, improper timing and issuance of notices, misspellings among others. One can defend his property based on these simple mistakes. The lender may also use a different company apart from the one that was used to provide lending for. This is also a base of defending your property.
The crediting companies also may make mistakes in deductions. The money may even be deposited in the wrong lender account due to multiple companies being in the market. When this information is retrieved, the borrower can use the information to indicate that the mistake was not his and therefore he is not liable of losing his property. Also, if the company initiating this process is unable to show proper financial records, the borrower can use that weakness as a defense mechanism.
Other mechanisms in which you can defend your property include. Proving the interest that the lender has imposed or charged on the mortgage is far above or has violated the law of the state. If it is found that the representations and charges imposed are deceptive, false and go against the state laws, then your property will be protected from being taken by the lender.
You can also use the interest charged to defend yourself from losing the property. If you prove beyond reasonable doubts that the interest charged by the lender is not in accordance with the state law, this can be used as evidence to stop him from taking the property. If the representations he used were false, fake, deceptive and against the law, this information will be used to defend the property from being taken.
Other defensive methods include failure of the lender to follow the laid up procedures for a foreclosure, failure to have ownership proof, having fake or invalid affidavits, false notarization of documents among others. You can also file bankruptcy case in a law court.
Many people have lost their properties and homes through the foreclosure process. The main reason as to why this has been happening is because, when one is unable to make the payment, he just ignores the situation and waits for a lender to take the step he thinks is appropriate for him.
Others start delaying the entire process thinking that they will succeed in not losing their property. If you do not want to lose your property, it is important to take an immediate action once you notice you have developed a financial problem or when you notice that your lender want to retrieve the asset.
These defenses may come from a mistake that the lender has committed. Some of the mistakes include omissions on some clauses or crucial information, improper timing and issuance of notices, misspellings among others. One can defend his property based on these simple mistakes. The lender may also use a different company apart from the one that was used to provide lending for. This is also a base of defending your property.
The crediting companies also may make mistakes in deductions. The money may even be deposited in the wrong lender account due to multiple companies being in the market. When this information is retrieved, the borrower can use the information to indicate that the mistake was not his and therefore he is not liable of losing his property. Also, if the company initiating this process is unable to show proper financial records, the borrower can use that weakness as a defense mechanism.
Other mechanisms in which you can defend your property include. Proving the interest that the lender has imposed or charged on the mortgage is far above or has violated the law of the state. If it is found that the representations and charges imposed are deceptive, false and go against the state laws, then your property will be protected from being taken by the lender.
You can also use the interest charged to defend yourself from losing the property. If you prove beyond reasonable doubts that the interest charged by the lender is not in accordance with the state law, this can be used as evidence to stop him from taking the property. If the representations he used were false, fake, deceptive and against the law, this information will be used to defend the property from being taken.
Other defensive methods include failure of the lender to follow the laid up procedures for a foreclosure, failure to have ownership proof, having fake or invalid affidavits, false notarization of documents among others. You can also file bankruptcy case in a law court.
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