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 Mortgage Defense |
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Mortgage Defense is a device
wherein one can delay the Foreclosure on a Home by raising various
Defenses to the Foreclosure Process followed by the Mortgage Company.
These Defenses can be used to either give a Debtor a little more time in
her Homestead so she can save money for when she eventually must abandon
the Homestead, or give additional time or leverage in order to negotiate
a Mortgage Modification. For example, because of the way many Mortgages
were handled and packaged in the Sub-Prime Market, many Foreclosing
Attorneys do not have access to the original Note that created the
Mortgage. Filing a Foreclosure without documentation of the original Note can supply a Defense to the Mortgage. Please know that these “technical” Defenses are not absolute cures to a Mortgage Foreclosure but are means to delay the Foreclosure to buy more time. Although a Promissory Note may be missing, a Judge can determine, for example, that the fact the Debtor made payments on the Mortgage supplies proof that the Mortgage existed. Many of our Bankruptcy Clients do not have a need for Mortgage Defense because the filing of the Bankruptcy and the time it takes for Foreclose gives sufficient time to the client before surrendering the home. Consult with your attorney as to whether Mortgage Defense will be beneficial. |
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