How we defend you
1. Foreclosure consultation.
One of our experienced paralegal representatives will review your court papers and interview you to determine how we can defend you. If we determine we can help you and you retain our services, our team of lawyers will develop a foreclosure defense plan. We have represented hundreds of homeowners and defended their foreclosure cases.
2. Work our foreclosure defense system.
The legal team at the Charles P. Castellon law offices will use a foreclosure defense system that includes filing court documents to defend your case.
A standing argument questions who has the right to sue the borrower. The plaintiff in a foreclosure case is usually an entity other than the original lender. We ask that the lender prove that they acquired the rights to your mortgage, the note and the corresponding right to sue. This burden includes the duty to produce an assignment and other documents proving their case.
We usually raise standing arguments in the form of motions to dismiss the foreclosure case, adopting the old maxim that the best defense is a good offense.
The lost promissory note
Another defense strategy involves mortgage backed securities and lost promissory notes. Generally, the foreclosing plaintiff must produce the original note. While any plaintiff can reestablish a lost promissory note under Florida law, we challenge efforts to reestablish notes and hold plaintiffs to the burden of proving this element of the case.
3. Develop leverage for your defense
We defend foreclosure cases aggressively and always strive to turn the tables on the lender suing you. In the course of fighting your case, we will attempt to your foreclosure case dismissed, but if we fail to achieve that goal, we will work to obtain negotiating leverage that will allow you to bargain for the best terms possible. We fight to help our clients achieve their goals with loan modifications or exit strategies including short sales or deeds in lieu of foreclosure. We work to protect our clients against consequences such as deficiency actions or 1099 loan forgiveness that may lead to a tax liability.
There are other ways that we can defend you, depending on the facts of the case. Other defenses include, but are not limited to violations of federal and state lending laws, failure to counsel and attempt to avoid foreclosure, lending without regard to the borrower’s ability to pay and violations of the laws governing the trust entities that usually serve as plaintiffs.
The law firm of Charles P. Castellon will give you the best possible representation to help you through your foreclosure defense.