Foreclosure in Sarasota Florida - Cynthia Riddell, Esq.

Foreclosure Defense

The biggest mistake you can make when your lender threatens you with foreclosure or serves you with papers is to do nothing.

If you are already facing foreclosure, we can help you by defending the action brought by your lender and by bringing countersuits under the federal Truth in Lending Act (“TILA”), the federal Real Estate Settlement Procedures Act (“RESPA”) and under the federal and Florida Fair Debt Collections Practices laws. TILA and RESPA both contain provisions regarding the documentation of your mortgage loans and violations of these laws on the part of your lender may entitle you to substantial damages, whether or not you are currently in foreclosure.

We review your loan documents from your original closing and any subsequent refinances carefully and we also review the accounting on your mortgage accounts to determine if the payments you have made have been properly applied. If the closing documents contain RESPA or TILA violations by your lender, we can file a federal lawsuit on your behalf which slows down the foreclosure process. Furthermore, under the Fair Debt Collection Practices Acts, collectors may not report negative credit information against you while the lawsuit is pending. Should they do so, we may be able to bring further legal action against them.

If the lender or servicer has misapplied your payments or cannot prove the chain of ownership of your note and mortgage, we can raise affirmative defenses to their foreclosure action.

Often affirmative action on your part with help from qualified legal counsel can lead to a settlement with your lender or just allow you stay in your home longer without making mortgage payments while you determine your best options.