Associated Attorneys of New England: MA, NH and ME Foreclosure Defense
When you purchase a home, the last thing on your mind is potentially losing your home to foreclosure. Unfortunately, history shows that mortgage lenders are often wrong about how they calculate mortgage balances, particularly when you’ve fallen behind in payments or seek to obtain a mortgage modification. A recent case we handled was Joseph v. Green Servicing, Litton Loan and Fannie Mae. Our client was facing foreclosure and we not only avoided foreclosure but also won a court order reducing our client’s mortgage by nearly $50,000. You can read more about this case by reviewing the decision of Joseph v. Green Servicing, et al to learn more about the foreclosure defense mounted by Attorney John F. Skinner, III. of Associated Attorneys of New England.
Fighting Against Unfair Foreclosure Practices
At Associated Attorneys of New England, we’re proud of our track record battling back against unfair debt practices. Those who follow our Facebook page “ConsumerHelp” know our track record in this area. Since foreclosure is another method of collecting debt, specifically by selling your home, it’s an integral part of our commitment to helping consumers. One of our landmark Massachusetts cases was Parker v. Bank of America where we avoided dismissal and obtained an injunction preventing the consumer from losing their home to foreclosure.
Unfortunately, borrowers who attempted to work with banks after the TARP bailout often discovered their rights were being violated. Many lenders failed to follow the terms and regulations that were to be used for evaluating and either granting or denying mortgage modifications. Unfortunately, too often, homeowners with legitimate claims as Intended Third Party Beneficiaries (ITPB) often had their rights violated. Judge Billings provided a minority opinion and on page 17 of the Marques v. Wells Fargo decision he wrote “Denial of third-party beneficiary status to persons aggrieved by violations such as are alleged here would be…to ‘mock the very goals of’ the program that the contract was intended to further, placing its ‘legitimacy…in grave doubt.‘”(Citations omitted). Unfortunately, the Big Banks were successful in making sure that this ruling was never expanded and it has since been effectively crushed.
Short-Sale or Deed in lieu of Foreclosure Options
If you do not qualify for a mortgage modification, or if you simply prefer to walk away, please contact us for assistance with a Short-Sale or Deed in Lieu of foreclosure. Often times, we can obtain relief for you in the form of either “cash-for-keys,” waiver of deficiency, and/or additional time in the home. The most important thing is again, to contact us early on in the process for maximum effectiveness.
There are numerous legal rights afforded to homeowners in Massachusetts who are facing foreclosure. While New Hampshire laws aren’t as favorable, it’s important to understand when you’re facing foreclosure in Massachusetts, New Hampshire or Maine, you have rights and we can help protect those rights.
If you’re facing foreclosure, contact Associated Attorneys of New England at 603.622.8100 as soon as possible. The sooner we get started, the more likely we can help you stop foreclosure, avoid foreclosure or save your home through various loan modification options. You must be proactive in this process; the sooner you seek legal help, the better off you’ll be in the long run.