Here at Loan Lawyers, we take pride in pouring over every inch of our client’s
cases, looking for the best strategy to fight against foreclosure. One
of our cases recently went forward with a lengthy contested trial, and
I’m pleased to say that we were able to come out on top and save
another one of our client’s homes. I want to briefly share with
you that experience and the significant issue we prevailed on.
When you purchase a new home, there are a bevy of documents that need to
be signed, and such is life, mistakes sometimes happen. The mistake made
at the closing in this case was an incorrect legal description in the
mortgage. The legal description is a rather verbose way of identifying
where the property is located, other than the typical street address most
people use to identify a property. These typos are not uncommon, but what
was special about this case was the scale of the incorrect legal description.
The legal description in the mortgage was for a completely different piece
of property! The Bank was attempting to foreclose on our clients home,
but based on the documents they presented to the Court, they were actually
trying to foreclose on a non-related property our client didn’t even own!
Needless to say, this was something the Bank would need to fix at the time
of trial, in order to successfully foreclose on the correct property.
However, the type of evidence the Bank would need to prove which legal
description is the correct one to be foreclosed is often something the
Bank fails to introduce. While the Bank was able to introduce plenty of
other evidence, they were not able to submit the crucial piece of evidence
they needed to correct or “reform” the legal description in
our client’s mortgage. Without this piece of evidence, the Court
would not know what the correct legal description should be, and thus,
could not find in favor of the Bank.
Finding an issue like this is especially beneficial for our clients, because
all too often, the Bank is unable to provide the proper evidence to support
their claims. And in this case, without the right evidence, the Court
agreed with us and dismissed the foreclosure action against our client.
These types of issues are not that uncommon, and are great areas to attack
and successfully defend a foreclosure with. Make an
appointment with our office for a consultation and let us help you identify if the
Bank is trying to reform your legal description, and what we can do to
help prevent a foreclosure.