If you feel you have been taken advantage of by your current lender or past lender or a mortgage broker, and because of it you have undergone a financial hardship in trying to pay off a loan you either did not understand properly or a loan that was toxic and caused you to lose any equity you may have had in your home, then you need to call our Debt Lawyers RIGHT NOW! 1-888-314-1722
Trying to figure out how to get out of foreclosure? If you and your family are suffering undue hardships brought on by mortgage fraud, abusive practices by a mortgage broker, or closing attorney, or even the bank, then our Predatory Lending Defense Attorneys can help. Whether or not you are on time with your mortgage loan payments; have equity or not; or are already in foreclosure; our lawyers will review your situation. We can look for violations of the Truth in Lending Act (TILA) or any other breaches that may help you level the playing field. A Predatory Lending Attorney can help you fight back if you are a victim of any of the following instances described below.
Our predatory lending and foreclosure defense attorneys have years of experience practicing in real estate law and have pretty much seen it all! We have successfully defended numerous clients facing foreclosure lawsuits which we had dismissed based on predatory lending violations that we found.
If you’re thinking about a suing your bank for predatory lending violations or if you’re trying to use a violation or multiple violations as a defense to foreclosure, you’ll want a predatory lending attorney on your side. At Dramer Law, we are strictly debt & mortgage relief lawyers. Foreclosure and predatory lending issues are the bulk of our practice, and we deal with this on a daily basis. We have the know-how, and the experience needed, to do whatever it takes to help you through these difficult times!
If you have been the victim of a predatory loan, then a predatory lending attorney can bring a great deal of value to the table by using that as part of your defense as we have in the past with outstanding results. It can not only stop the foreclosure but actually has lead to awards given to our clients for the victimization. Awards can mean anything from money paid directly to you, or waiving past due interest and fees, possibly even wiping out the balance of your loan! You do not even have to be behind on your payments. If you want to sue your lender, we may be able to help. Find out more about what a predatory lending attorney can do for you! Call now!
When you signed your mortgage or refinance paperwork, you should have signed both the “promissory note” (referred to as the “note“) and a “Deed of Trust” known more commonly as a “Mortgage.” These two terms are often confused for one another as they do relate to each other as a mortgage doesn’t exist without the note. The “note” is the agreement between you and your lender for you to repay the amount they lent you. It states the amount lent, the payments, interest rates, etc. A “mortgage” or “deed of trust,” is the agreement between you and your promissory note lender, allowing them to sell your property (through foreclosure) if you do not pay the note as agreed upon, in order to satisfy the full amount owed to them under the note. Your mortgage is recorded in the county where your property is located; the promissory note is not.
Banks and other financial institutions can buy and sell loans secured by mortgages to and from each other. If your mortgage has been sold or assigned to another bank, an “assignment” is filed to record the transfer of the mortgage. When the note is transferred from a bank to another bank or institution, it is simply “endorsed” to the new owner. Some notes are endorsed blank, allowing anyone that holds it to enforce it. Since banks buy and sell mortgages often, your note may have changed hands numerous times making it hard to trace it down. If the current lender doesn’t have the note, they have no right to foreclosure or even collect from you.
If you are not yet in foreclosure, “Produce the Note” can work to your advantage as you may not have to pay back your promissory note. If you are newly in foreclosure, the Produce the Note Defense doesn’t work as well as it did a couple of years ago, since more recently, banks are less likely to foreclose if they do not have your note to in the first place. If you have been in, foreclosure for a while, the Produce the Note defense may still work well. However, don’t get too excited yet as the bank can file a “Lost Note Affidavit” if they claim the original promissory note was lost, destroyed, or unavailable. Many courts have ruled in favor of the banks, noting the Lost Note Affidavit is proof enough of the banks claim, and allow the foreclosure action to continue. To see if we can help determine if your current mortgage loan bank or servicer has your note, call today for a free consultation.
For a FREE CONSULTATION with a Predatory Lending Attorney, CALL 1-888-314-1722 NOW
When a Bank wants to foreclose against your property, they are obligated to file certain notarized affidavits with the court, proving the legitimacy of their foreclosure action. Your current mortgage bank needs to certify both that:
Since mortgages are traded by banks and other financial institutions, many banks did not have the proper mortgage assignment documents needed to attest to their ownership of their mortgage loans accurately. If your bank doesn’t have the appropriate assignment documents, they don’t have the right to foreclose against you – it’s that simple. Rather than take the time to track down the chain of assignment, the banks fraudulently completed these court affidavits in order to proceed with their foreclosure efforts. Since the documents weren’t being properly reviewed, but instead, were just being falsified by the banks in as little as 30 seconds per file – a speed not humanly possible if done correctly – the falsification of millions of affidavits came to be known as the “Robo-Signing” scandal. In addition to falsifying foreclosure affidavits, other documents, such as mortgage assignments, were also forged. Major banks like GMAC, JP Morgan Chase, Bank of America, and Wells Fargo, were all involved in the scandal.
If your bank fraudulently completed your mortgage assignment, or, if your assignment documents are otherwise invalid – it voids the transfer. If the assignment is invalid, in order for your bank to foreclose, they must first obtain the valid documentation from the previous owner/holder of the mortgage. In some instances, the former holder may no longer be in business or may have filed bankruptcy, therefore making it impossible for them to sign off on the transfer. If that’s the case, your current mortgage holder will have no right to foreclose against you. In these situations, filing a “Quiet Title Lawsuit” may help to cancel your obligation to pay your mortgage loan. In order to file a Quiet Title Lawsuit, in addition to the fraudulent or invalid assignment, there must be additional claims raised against your bank that are factual and provable, not solely the invalid or fraudulent assignment alone.
Typically, Robo-signing fraud relates to the transfer of your mortgage or promissory note, NOT the origination of either of those documents when you signed them at your closing. If your original note and mortgage were valid to begin with, robo-signing fraud might invalidate the transfer of the note and mortgage, but the loan and mortgage themselves may still be legitimate (whoever has the right to collect is a different story). If your original loan or mortgage documentation were fraudulently completed or your promissory mortgage note no longer exists, along with your testimony, we can prove it, and your mortgage and loan will be invalidated, relieving you of your obligation to pay!
If you think your original lender fraudulently completed documents are your closing, or if your current mortgage note holder fraudulently robo-signed documents or provided invalid documents just to take you into foreclosure, we can help stop the foreclosure! Your bank or current lender is not able to foreclose on your home legally without the proper foreclosure documents. Without the knowledge of the Robo-Signing scandal, thousands of people have lost their homes as innocent victims. Don’t let that happen to you! Even though Robo-Signing victims are less frequent these days, if your foreclosure affidavits, mortgage assignment, or other documents were fraudulently completed, we can help! We can use the fraud as a bargaining tool to help you modify your loan to more affordable payment terms, or, can even contest your foreclosure action to have it halted or dismissed! Contact one of our Foreclosure Defense Attorneys today to help Avoid Foreclosure or Invalidate your Mortgage Loan! The consultation is free, so you have nothing to lose. Call now!
For a FREE CONSULTATION with a Predatory Lending Attorney, CALL 1-888-314-1722 NOW
We also offer many services that can help prevent you from having to go through foreclosure, yet another reason why you’ll want a predatory lending attorney by your side if you’re either at risk of losing your home. Some of the services we offer are as follows:
If you think you are a victim of a predatory loan, then download and complete our Predatory Lending Questionnaire and allow one of our Predatory Lending Attorneys to review it for you – FREE OF CHARGE – to see if there are any predatory lending violation with which we can assist.
At The Law Offices of Kenneth H Dramer PC, before we make any recommendations, a predatory lending attorney, or one of our mortgage relief specialists, or paralegals, are trained to ask the right questions to find out about your specific situation. Based on your current income and your financial hardship, we will determine which course of action will work best for you. We do not only offer one path, as no one process can solve everyone’s needs. We will take our time with you and help evaluate what your best course of action should be. Call now, and one of our advisors will be there to get you started on your path to financial freedom. There is no obligation to enroll, so don’t delay.
*Individual results may vary based on the circumstances of the lawsuit and multiple other factors. Our law firm does not assume or pay your mortgage loan, nor provide credit or tax advice on forgiven amounts. Predatory lending lawsuits are not available in all states and do not obtain immediate results.
*Be wary of any company that tells you not to pay your mortgage loan as it may have a negative impact on your credit report and other consequences. For example, your mortgage loan may continue to accrue late fees and penalties; you also may receive calls from your lender and/or their collectors; you even risk lawsuits for non-payment. If your lender obtains a judgment against you, then you may lose your home. Make sure you choose a company that explains the benefits and consequences of each mortgage relief option.
*The information provided on this site is for general information and educational purposes only. The information presented should not be considered legal advice, and should not be misconstrued as such, and should most definitely not be acted upon without first consulting with an attorney. The information is subject to change without notice. Consult a debt relief lawyer licensed in your jurisdiction for specific advice.
*We provide Debt Relief services and are a debt relief agency, as defined by the U.S. Congress. We proudly assist people filing for bankruptcy relief under the Bankruptcy Code as well as various other services to help avoid bankruptcy.