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Beware of Foreclosure Defense Fraud!

Even in the current foreclosure climate, years after the infamous bust of the housing market due to the subprime mortgage catastrophe, fraud still reels its ugly head. This time it’s not the banks or their counsel, but unscrupulous individuals taking advantage of stressed and desperate homeowners. We recently represented a client that was victim of foreclosure defense fraud. The case involved a client that was approached by an individual at her home. This individual traveled to our client’s house, met with our client in her living room, and guaranteed he could save her home. He promised her that he could save her home by helping her defend the foreclosure suit and obtain a loan modification for our client. He came every month to our client’s home and collected a large monthly fee retainer. Well it turned out that this individual and his company were not a law firm. In fact, the individual was not even a licensed attorney in the State of Florida. The individual and his company did not defend nor did they submit a loan modification on behalf of our client. Our client had no idea what was going on. She came home from work one day and found an eviction notice on her door. She came to our firm and we attempted to unwind the damage that was done. We were able to fend off the eviction by the Bank, but we were not able to unwind the damage that was done by the fraud. Unfortunately, the Judge presiding in the case felt that our client should have known better and refused to vacate the final judgment and certificate of title under an excusable neglect argument (Fla. R. Civ. P. 1.540(b)(1)) and ultimately granted the banks writ of possession. Although English was our clients second language, the Judge still felt that our client should have acted diligently and researched whom she was retaining. This was not a completely sad story. We ended up getting our client a really lucrative cash for keys deal after negotiating and laboring tirelessly with opposing Counsel. Our client ultimately had to move out of her home that she has been living in for over 18 years. We reported the individual to the authorities and there is an active investigation against this individual and his company. However, the damage was done to our client and she ultimately lost her home. If you are approached by anyone willing to help, please make sure they are a licensed attorney in the State of Florida. You should get their name and ask for their Florida Bar number. You can then look the individual up on the Florida Bar’s website at www.floridabar.org. Our advice is to always ask around and do your homework before retaining anyone or any firm to represent you in your foreclosure case. Please make sure the firm has proven results, like our law firm, Loan Lawyers, LLC.

Categories: Foreclosure Defense
  • ABC News
  • American Civil Liberties Union
  • CBS 4
  • CNN
  • Daily Business Review
  • Florida Trend's - Florida Legal Elite 2014
  • Florida Trend's - Florida Legal Elite 2014
  • National Association of Consumer Advocates
  • National Association of Consumer Bankruptcy Attorneys
  • NBC News
  • National Consumer Law Center
  • The New York Times
  • Avvo
  • Avvo
  • Avvo
  • Avvo
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