Lakeview Loan Servicing, LLC Foreclosure Defense

As their name suggests, Lakeview Loan Servicing, LLC services mortgages for larger financial institutions. Mortgage servicers do not provide loans for people who want to purchase homes and other property. Instead, they are hired by the bigger banks that provide those loans to service the mortgage, which means maintaining it, collecting payments, and ensuring the loan does not fall into default.

In some cases, servicers can start the foreclosure process but they must own the loan. In other instances, servicers sometimes try to foreclose on a home, but they do not own the loan. This is a wrongful foreclosure and you can defend against it. Below, one of our Fort Lauderdale foreclosure defense lawyers explains this defense and more.

Lakeview Loan Servicing May Not Own Your Loan

Florida is a judicial foreclosure state. This means that before any company can foreclose on your home, they must file a lawsuit with the appropriate court. To sue you and proceed with foreclosure, the party must prove that they have standing. Standing in lawsuits means the person or company has something to win or lose in the lawsuit. Many people assume that if someone is filing a lawsuit against them, they do have standing. In many cases, though, this is not true. This is often the case with mortgage servicers.

Mortgage servicers such as Lakeview Loan Servicing often purchase mortgages from other financial institutions. These mortgages are often bundled together and sold as a package. Many times, the mortgages have changed hands several times before a company such as Lakeview Loan Servicing ultimately purchases them. As the bundled loans go from company to company, important documents get lost. For example, the deed on your home. The deed is a document that outlines the property as collateral if you default on the home.

It is essential to force Lakeview Loan Servicing to prove that they own your loan. If they cannot produce the deed or other documents proving that they are the rightful owner, they do not have standing and cannot proceed with the foreclosure. Unfortunately, companies like Lakeview Loan Servicing have been known to forge these documents to proceed with foreclosure. You must work with a foreclosure defense lawyer who can determine if the document is an original, or if it provides you with a defense in your case.

It is also just as important that you do not ignore any notice of foreclosure Lakeview Loan Servicing sends. If you do not respond in the proper amount of time, Lakeview Loan Servicing can try to obtain a default foreclosure against you. This means that they can ask the judge to automatically decide in their favor, without giving you the chance to defend yourself or your home. When defendants in a lawsuit show no interest in being part of the proceedings, judges will often automatically decide in favor of the party that is present. After you speak to an attorney, they will advise on how to proceed and respond to the complaint.

Violations of the Fair Debt Collection Practices Act

The Fair Debt Collection Practices Act (FDCPA) governs the methods that debt collectors can and cannot use when trying to collect on a debt. It is important to note that the FDCPA only applies to third-party debt collectors. When a company such as Lakeview Loan Servicing, LLC, is trying to collect on a mortgage loan for another financial institution, they are bound by the laws within the FDCPA. The Act has many laws debt collectors must follow and they include:

• Contacting debtors within a certain timeframe: Debt collectors are only allowed to contact borrowers between 8:00 a.m and 9:00 p.m. The only exception to this is when a borrower has agreed to speak to a debt collector outside of these times.
• Calling a borrower’s home or office: Debt collectors can try to contact borrowers either at their home or office. However, if a borrower tells a debt collector that they do not want to be contacted at their place of employment, the debt collector must stop trying to reach them at their job. The borrower also does not have to tell the debt collector this in writing. If a borrower wants a debt collector to stop calling them at home, they must tell them so in writing.
• Keeping information confidential: If a debt collector does not have contact information for a borrower, they can contact the borrower’s friends and family. They are not allowed to tell third parties why they are trying to contact the borrower.
• The use of improper language: Debt collectors cannot use threatening or abusive language when speaking to borrowers and trying to collect on a debt. Debt collectors are also prohibited from threatening to file a lawsuit against the borrower unless they have intentions to do so.
• Validating the debt: Debt collectors must always validate the debt borrowers owe. This means they must inform borrowers about how much they owe, the name of the original owner of the loan, and the contact information of the original holder of the loan.

The above are just a few of the laws that govern debt collectors. When any debt collector violates these laws, borrowers can file a counter-lawsuit against them. If borrowers are successful with their lawsuit, they can claim any damages they incurred, as well as up to $1,000 in statutory damages. It is always important to speak to a foreclosure defense lawyer if you believe Lakeview Loan Servicing, LLC, violated your rights.

Call Our Foreclosure Defense Lawyers in Fort Lauderdale Today

Whether Lakeview Loan Servicing, LLC is threatening to foreclose on your home, or they have violated your rights, it is critical to speak to a Fort Lauderdale foreclosure defense lawyer. At Loan Lawyers, our experienced attorneys can advise you of your rights, make sure they are protected, and give you the best chance of a successful outcome. Call our Florida foreclosure defense lawyer now at (954) 523-4357 or contact us online to request a free consultation.