Foreclosure Defense and Loan Modification Blog

Not Answering Summons and Complaint Made It Easier for Wells Fargo to Set Foreclosure Sale Date

Posted by Maxwell Swinney

Monday, April 10, 2017

In late 2016 our firm was retained by a homeowner I'll call Juan Wilson to protect his privacy. Juan owned a home in Orange County, Florida. A truck driver, Juan encountered financial difficulties and prioritized payment on his truck over his home, defaulting on his mortgage in 2015.

There's a saying that goes “you can sleep in your car, but you can't drive your house to work.” That was doubly true of Juan since he made his living with his truck, and without it he wouldn't have the income to pay any bills.

Not paying his mortgage may have been the lesser of two evils, but it came with serious consequences. After not receiving their mortgage payments Juan's bank, Wells Fargo, started trying to foreclose. He was served with a summons and complaint in April of 2015 and made the mistake of not responding to it or raising any defenses.

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Topics: i have a foreclosure sale date, wells fargo loan modification, foreclosure defense, florida foreclosure process, foreclosure

How Do You Help a Family Member in Foreclosure?

Posted by Maxwell Swinney

Thursday, March 9, 2017

You've only got one family, and supporting them when times are tough is the right thing to do. After all, they'd do the same for you.

But what if a member of your family has a problem that's too big for you to solve, like difficulty with their mortgage?

Over the past decade millions of people have been in just that situation. Since the Great Recession began, seven million homes have been in foreclosure! That's a lot of affected families. 

And the foreclosure crisis isn't over. There are still thousands and thousands of homeowners either in foreclosure or on their way to it.

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Topics: foreclosure defense, foreclosure

What Is a Notice of Acceleration?

Posted by Maxwell Swinney

Wednesday, December 7, 2016

Have you recieved a Notice of Acceleration from your lender?

It could also be called a Notice of Intent to Accelerate, Acceleration Notice, Demand Letter, Default Letter, Notice of Default or even Notice of Default and Acceleration.

What does it mean?

In contract law, an acceleration clause is a “term that fully matures the performance due from a party upon a breach of the contract.”

For mortgages that have an acceleration clause (most do), that means that, after breaching your contract by missing payments, your lender can demand that you either pay off the entire balance of your mortgage or be foreclosed upon.

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Topics: loan modification, foreclosure defense

Does Your Bank Have the Standing to Foreclose on Your Home?

Posted by Maxwell Swinney

Tuesday, November 29, 2016

In judicial foreclosure states (such as Illinois, Florida, Pennsylvania, New York, and New Jersey), your lender is required to go through the courts to foreclose on your property. They become the plaintiff and you become the defendant in a foreclosure lawsuit.

The plaintiff must prove to the court that they are the party in interest that's legally entitled to foreclose on your home. That, in legal terminology, is called standing.

Standing is very important, and the plaintiff must have it at the time they file a foreclosure action against you. If they don't, your attorney may file a motion to dismiss the action because of it.

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Topics: foreclosure defense, florida foreclosure laws, foreclosure fraud

Avoiding Payment Shock After Getting a Loan Modification

Posted by Maxwell Swinney

Monday, November 21, 2016

Many homeowners haven't paid their mortgage in many months or even years. They fight foreclosure and look for a way to keep their home. After a lot of work, some get approved for a loan modification which returns their loan to normal. Foreclosure disaster averted. Hooray!

But there's one minor problem with getting your loan back to normal: you have to actually start paying a mortgage again. What the heck?

I know, bills are terrible, but getting a free house is not a realistic possibility. Keeping your home after falling behind on payments by getting a loan modification is the best result, and one that millions of homeowners in recent years wanted to achieve and couldn't. (Seven million Americans have been in foreclosure since the recession began.)

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Topics: loan modification, foreclosure defense, life after foreclosure

What Do You Do If Your Bank Changes the Locks on Your House?

Posted by Maxwell Swinney

Wednesday, October 19, 2016

Let's say you fell behind on your mortgage, but haven't lost your home to foreclosure yet, and one day you come home to find that the bank has changed the locks on your doors and you can't get inside your home. How could this be? Are they allowed to do that?

If you're still living in your house, no, your bank isn't allowed to change the locks on your house. Even if you fell behind on your mortgage payments or are in foreclosure.

You're allowed to live in your home during the entire foreclosure process. If you're still living in the house after the home is sold in a foreclosure sale, the bank has to evict you before they can change the locks and take over the property.

But there is one exception that allows the bank to change the locks on your property even if you still legally own your home: when the property is abandoned and sitting vacant. Then it doesn't matter if foreclosure isn't complete yet or not.

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Topics: foreclosure defense, foreclosure fraud

What Does a Foreclosure Defense Attorney Actually Do for You?

Posted by Maxwell Swinney

Monday, September 19, 2016

If you're considering hiring an attorney to help you avoid foreclosure and/or get a loan modification, you may be wondering what specifically an attorney will do to help you keep your home. You know your mortgage issues are too important to try to handle alone, but how exactly does an attorney help?

Do they just show up in court and say something in Latin “Your honor, the corpus juris, et cetera, entitle my client to keep their house. Also, carpe diem, and liberum domum (free house), please.”

Of course not. So what does an attorney actually do when you hire them to defend you from foreclosure and assist you in getting a loan modification?

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Topics: new jersey foreclosure attorney, florida foreclosure defense, pennsylvania foreclosure defense, illinois foreclosure lawyer, loan modification lawyer, loan modification, foreclosure defense, new york foreclosure attorney, foreclosure defense attorney

Superstorm Sandy, Foreclosure, and Loan Modification Success

Posted by Maxwell Swinney

Wednesday, September 14, 2016

Disclaimer: These results should not be taken as a guarantee, as each case is unique. We have helped over 7,000 homeowners, here is one of their stories.

In May of 2014 a homeowner in Sullivan County, New York, that I'll call Mr. Goulet to protect his privacy, retained our firm to help him avoid foreclosure. He hadn't been served with a foreclosure lawsuit when he retained us, but knew it was coming, and wisely sought help from experienced professionals.

Mr. Goulet is a successful business owner. Things had been going well for him until Superstorm Sandy tore through the region in late 2012 and damaged his home. (Sandy caused about $75 billion in damage, which is second only to Hurricane Katrina.)

He moved out of his home, over the state line into New Jersey, while the damage caused by Sandy was being repaired.

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Topics: loan modification, successful loan modifications, foreclosure defense, Superstorm Sandy, PNC loan modification success

There's Never Been a Better Time to Get a Loan Modification

Posted by Maxwell Swinney

Monday, September 12, 2016

If you're having trouble with your mortgage, you've probably heard about loan modifications. Modifying a mortgage loan involves making a permanent change to one or more of its terms. The interest rate can be lowered, the term can be extended, and principal and fees can be reduced.

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Topics: loan modification, foreclosure defense, HAMP

Foreclosures Down, Home Values Up, Loan Modifications Still An Option

Posted by Maxwell Swinney

Thursday, August 25, 2016

The recent financial crisis, housing crisis, and recession really did a number on homeowners. You didn't have to be an economist or real estate expert to know that there was a sharp increase in the number of foreclosures. All you had to do was turn on the news and you'd hear about it, or drive through any residential neighborhood and see the signs in front yards.

About seven million homeowners have experienced foreclosure since the start of the crisis. The wealth homeowners held in their homes evaporated as jobs were lost. That left many homeowners in the terrible position of being unable to afford their mortgage payment or sell their home because they owed more on it than it was worth

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Topics: loan modification, foreclosure defense, housing market, foreclosure crisis

About this Blog

Amerihope Alliance Legal Services is a leading loan modification and foreclosure defense law firm with attorneys licensed in 5 states. We have helped over 7,000 homeowners fight back and keep their homes.

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Our goal is to provide valuable information to help homeowners who are trying to obtain a loan modification or to stop foreclosure. You may schedule a free consultation at any time.

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