Accomplished Lawyer Provides Aggressive Foreclosure Defense
Many Americans are still falling behind on their mortgage payments. If you face the threat of foreclosure, it’s important to seek experienced legal help immediately. I have been providing Maryland residents with aggressive representation since 1982.
Skilled foreclosure attorney advises you on suing your bank
In many foreclosure cases, a solid defense and assertive negotiation are sufficient to secure a positive outcome. However, in certain situations, I find that it is in my clients’ best interests to sue their bank. If you face foreclosure, taking the initiative can provide a measure of control over the situation.
Experienced litigator uses the latest foreclosure defense techniques
Having practiced law for more than three decades, I know that a good lawyer must stay up to date with changes and adapt as needed. A solid foreclosure defense may be based upon a number of strategies:
Produce the note — In reviewing a case, the first task that I undertake is to examine the note and see if it is properly endorsed. A homeowner cannot be liable for a promise that they never made or a note that was not negotiated properly.
Substitute trustees — The vast majority of foreclosures in Maryland are brought by a Ssubstitute trustee. When you financed your property, you deeded legal title to a trustee as security for the loan. If you default on your loan, the lender may appoint a substitute trustee to sell your home. There may be an issue of whether the substitute trustee was properly appointed.
Procedure — In recent years, substitute trustees have filed thousands of foreclosure cases in Maryland. Some firms have failed to comply with a condition that must be met before filing the case with the court. In order for the court to acquire jurisdiction, a Notice of Intent to Foreclose must be sent to the homeowner. The substitute trustee must also file the Notice of Intent with the Maryland Department of Labor, Licensing and Regulation (DLLR). I take the position that, and appellate law supports this position, if the substitute trustee did not file the Notice of Intent with DLLR prior to the filing of the foreclosure, the court never acquired jurisdiction to rule on any part of the foreclosure case. Therefore, any ruling made by that court is void.
Licensing issues — Lenders and servicers must be licensed in Maryland. The Court of Special Appeals in Maryland recently said (in an unpublished opinion) that the lender and any subsequent holder of the note must be licensed in Maryland to collect on the note. After reviewing the note (or lack thereof) I check for licensing issues as they not only provide a defense to homeowners facing foreclosure, but they may also provide a claim that homeowners can assert against the lenders and servicers for their efforts to collect on these notes.
Contact an assertive foreclosure defense lawyer in Maryland
Whichever defense I employ, fighting for my client’s rights is my top priority. In every case I take, I strive to find the most optimal and cost-effective resolution to help you and your family keep your home.
If you are facing a foreclosure action, I am here to provide you with skilled and experienced representation. Call 240-206-6002 or contact me online to schedule a free consultation.