As I often try to explain to clients and judges alike, there is usually no dispute that a borrower owes the money, the question is who that money is owed to, and more importantly whether the foreclosing party can prove that it has the right to foreclose on the borrower. Using these evidentiary and substantive issues to the borrower’s advantage has been crucial in prevailing over lenders at trial and on appeal.
Unlike many other firms that only practice foreclosure defense in state court, our firm also reviews each and every foreclosure case to determine whether the lender has violated an array of federal laws that provide for statutory penalties. Some allow for up to $1,500.00 per violation, as well as attorney’s fees and costs to be paid by the defendant. This allows us to take on a separate federal case on a strictly contingency basis, with the client owing nothing to the firm, unless we successfully prevail against the lender or servicer. In most cases, we’ve found this to be a remarkable tool to provide leverage and foster settlement in the underlying foreclosure case.
If you’re looking for aggressive and competent defense in your active foreclosure, our office can and will help you save your home or get from under the debt that is looming over you and your family. For more information and a free consultation, please don’t hesitate to reach us at (954) 745-9795 for an appointment. We have offices conveniently located in Miami-Dade and Broward County.
If you have questions about foreclosure or this article, please do not hesitate to contact us.
Phillip Ortiz has dedicated a large portion of his practice and experience to defending hundreds homeowners in foreclosure, as well as advocating on their behalf in federal court.