Unfortunately, the vast majority of all foreclosures are uncontested because homeowners are scared and confused about their rights. This has allowed mortgage companies to foreclose on houses throughout the country without following all of the requirements of the law. Just because a homeowner has fallen behind on monthly mortgage payments does not mean that they have to lose their homes. In many cases, an attorney can defend the foreclosure action and protect your rights while negotiating with the mortgage company in an effort to save your home.
There are often a wide variety of defenses available to the homeowner. In many cases, the mortgage company has lost the promissory note and other necessary documentation, have violated debt collection laws, failed to provide Truth in Lending disclosures, and committed other legally fatal errors. During the boom in the real estate market, mortgage companies and other real estate professional were is such a hurry to make sales and earn profits that many guidelines and requirements were disregarded. Homeowners were pressured into homes and mortgages they could not afford while mortgages were being moved around and sold without all of the proper documentation. Now that we have entered a serious foreclosure and economic crisis these shortcuts are now back firing on these mortgage companies. There have been a number of cases in Florida and throughout the nation where such errors have prevented mortgage companies from ever being able to foreclosure despite the fact that the homeowner has not been making payments.
However, most homeowners have simply fallen behind on their payments because of an illness, job loss, or other hardship and need time to catch up and arrange their affairs. By fighting your foreclosure you may be able to gain valuable time needed to address these issues and negotiate a resolution with your mortgage company. Mortgage companies have a variety of programs available to assist the homeowner but these companies are often hard to deal with and do not treat homeowners with the respect they deserve. An added benefit of fighting the foreclosure is that the homeowner can save money because during this time because they will not being paying their mortgage until an agreement with the lender has been obtained. This allows the homeowner to get control over their finances and save enough money to make the required payment to the mortgage company for acceptance into one of their programs.