All of the attorneys at Carpenter Gandhi have experience in handling mortgage foreclosure defense matters all the way from pre-default through trial. In fact, Carpenter Gandhi even handles appeals of mortgage foreclosure matters. For many, they may have been through one, two… even three or more foreclosure filings against them over the same note and mortgage. The legal framework for foreclosures has become complex and, many times, counter-intuitive. Nevertheless, it is the environment within which mortgage foreclosure matters are litigated and defended.
But I was already filed against once and the bank dismissed – isn’t this over?
Unfortunately, no. And, with recent case law, the door is open for banks to skirt statute of limitations defenses by claiming a date of default within the last five years. So, essentially, at least for an average 30-year mortgage and note, a bank could potentially continue to bring an action for foreclosure for over 35 years! But what does that mean for you? Well, it means you either better have a darn good defense that makes the foreclosure impossible to get (quite, rare these days)… or, it means you need to find the best possible outcome for your and your family. Now, that outcome may mean giving up the property, or it may mean negotiating a solution with the bank. And, if none of the options available make sense for you, it may mean fighting as hard as possible, as long as possible.
They don’t have the note – I know it! Can’t we win on that?
Maybe. But, probably not. A combination of case law and exhaustion in the courts has closed the door on many defenses that may have been successful in 2010 or 2012, even. However, in 2017, most defenses have become extremely limited, so a win may come down to better lawyering. If a bank has a lost note, they have to prove it. The good news for homeowners is that a decade of sloppiness and overworked foreclosure law firms has led to a myriad of problems wherein a new firm may believe a note is lost when it is really just sitting in a court file from the last filing. However, the defense must be raised and proven – and that can get tricky.
So, what should I do?
Despite the uphill battle, oftentimes there are options – and they come from a combination of strategy and your particular needs. Sometimes the hardest part is just hearing and accepting the options you have. At Carpenter Gandhi, we assess your case based on those personal factors while explaining where we assess the strength of your defenses in light of the current legal framework. And then we present the options we see for you. From there, we seek to execute the strategy that helps gets you to the best option available. If you have been served with a mortgage foreclosure lawsuit, you are in default, or you simply have questions, call Carpenter Gandhi today for a free consultation.