A client came to Loan Lawyers regarding a bank foreclosure case what was filed against him over two years ago. He never responded to the foreclosure, and therefore received a default against him which means that he would no longer be able to defend the lawsuit. To complicate things even more he was also recently sued for foreclosure by his Home Owners Association (“HOA”). The HOA case was being very aggressively litigated and they were moving fast to take the house. We immediately filed an answer in the HOA case and propounded discovery for them to respond to. In the meantime, Loan Lawyers worked very hard and was successful in getting to his 2 year old default vacated in the case from the bank. Our client was very happy wit the result, but still very concerned that he may lose his home to the HOA.
After analyzing the situation Loan Lawyers advised our client that the HOA had wrongfully filed a foreclosure claim against him, since the bank had already previously filed their case. We immediately filed a Motion to Dismiss against the HOA alleging that they lacked proper Subject Matter Jurisdiction to file the lawsuit. Not only did we get the HOA to dismiss their foreclosure lawsuit with prejudice, but we are in the process of getting our client’s attorney fees reimbursed for having to defend the wrongful foreclosure. To sweeten the win even more we have since sued the HOA under the FDCPA (Fair Debt Collections Practices Act) which will result in our client’s receiving a nice check for the improper foreclosure. Our client is breathing easy now and very grateful to G-d and to his top notch legal team at Loan Lawyers.