Amerihome Mortgage Company Foreclosure Defense

On their website, Amerihome Mortgage Company claims that they are dedicated to helping consumers obtain a home loan that meets their personal needs. They also state that they have provided mortgages to over 400,000 happy customers. The company also posts several testimonials on their website from consumers who have used them in the past. Unfortunately, not all Amerihome Mortgage customers are happy. They have had many complaints filed against them in the past and have been accused of actually harassing the very homeowners they have promised to help.

If you have received notice from Amerihome that your mortgage is in default, or that the company has filed a lawsuit against you, it is important that you speak to a Fort Lauderdale foreclosure defense lawyer. Below, one of our seasoned attorneys outlines some of the complaints filed against Amerihome Mortgage Company and the common defenses used in these cases.

What is Amerihome Mortgage Company?

Amerihome Mortgage Company is a relatively new mortgage lender and servicer of residential mortgage loans. The company was only established in 2013. Still, as a subsidiary of Western Alliance Bank, they service hundreds of thousands of mortgages across the country. Amerihome Mortgage Company uses an approach they call the “AmeriHome Way,” which focuses on customers and is designed to make the home loan process as easy as possible for them.

Unfortunately, even when the process of obtaining a home loan through Amerihome is easy, that does not mean dealing with the company is always easy. Many consumers have filed complaints against the company, and the mortgage lender has even had several lawsuits filed against it.

Complaints Against Amerihome Mortgage Company

In 2018, a Florida man obtained a mortgage through Amerihome Mortgage Company. In his lawsuit, the man admitted that in 2020, he had defaulted on the mortgage. The lender then started calling him with such frequency that it rose to the level of harassment. The plaintiff said the lender called him nearly 20 times in less than 30 days. The calls continued even after the man had obtained legal counsel who instructed the company to stop calling the man. This is a violation of the Telephone Consumer Protection Act and the plaintiff pursued between $500 and $1,500 in damages for every illegal phone call.

In 2014, Amerihome Mortgage Company had one of its first lawsuits filed against it. In this case, two plaintiffs alleged that they had experienced financial difficulty in 2016, which made it very difficult for them to pay their mortgage. The company sent them a loss mitigation package that could have helped them save their home. While one of the plaintiffs found other work in 2016, it was at a substantially reduced salary than what they had earned previously.

The plaintiffs decided to continue with the loss mitigation process but Amerihome Mortgage Company told them the offer had been discontinued due to the fact that the plaintiffs had not provided them with full information. The lawsuit filed by the plaintiffs states that they received the letters asking for more information and that they had complied with all requests. The lawsuit sought damages for breach of contract and tortious interference with a contract.

In July of 2010, Liberty Mortgage Company sent a notice to a consumer who had defaulted on a promissory note that was secured by property in Columbus, Ohio. Amerihome Mortgage Corporation currently holds the promissory note and the mortgage on the home used to secure the promissory note. While Amerihome did file a lawsuit against the homeowner, they also voluntarily dismissed it.

The dismissal of the legal case led to the homeowner filing a lawsuit against the lender. The lawsuit states that Amerihome failed to follow requirements outlined by the Secretary of Housing and Urban Development (HUD), and that it committed fraud by removing the Federal Housing Administration’s (FHA) loan number from documents in an effort to conceal the nature of the loan from the court.

Unfortunately, the above stories are just a few of the complaints Amerihome has faced. If you have received notice of foreclosure from Amerihome Mortgage Company, it is important to know that there are defenses available.

Defenses to Amerihome Mortgage Company Foreclosures

It is always advised that you speak with a Fort Lauderdale foreclosure defense lawyer who can advise on the different defense strategies available. Some of the most common of these are as follows:

• Lack of standing: The foreclosure process in Florida is a judicial one, meaning lenders must file a lawsuit against you before they can foreclose on your home. In order to file a lawsuit, a lender must have standing or something to lose. If Amerihome Mortgage cannot prove that they own your loan, they do not have standing and that can act as a defense in your case.
• Loan modification: A loan modification can change many terms of the loan including the interest rate, the length of the loan, and even the principal. It is against the law for lenders to proceed with a foreclosure while they are still reviewing an application for a loan modification.
• Short sale: A short sale will not help you avoid losing your home, but it can help you avoid foreclosure, which has many consequences. During a short sale, your home is sold for less than market value and so, you need approval from your lender to proceed with a short sale.
• Deed in lieu of foreclosure: Like a short sale, you will still lose your home if you use the deed in lieu of foreclosure defense. With this defense, you surrender the deed to your home to the lender in exchange for them not proceeding with foreclosure.

Call Our Foreclosure Defense Lawyers in Fort Lauderdale for a Free Consultation

If Amerihome Mortgage Company has threatened you with foreclosure, it is important to speak to a Florida foreclosure defense lawyer as soon as possible. At Loan Lawyers, our experienced attorneys can advise on whether the mortgage company has violated your rights, help you take legal action against them, and provide the strong defense strategy you need. Call us now at (954) 523-4357 or contact us online to request a free consultation and to learn more.