When is a mortgage default NOT a default?
When a bank suggests to you that you stop paying your mortgage in order to qualify for a home mortgage refinance.
Winter Park Florida foreclosure, bankruptcy and real estate attorney Eric Lanigan discusses the issues that can cause a foreclosure to be stopped.
Many times foreclosure problems start with lenders who tell homeowners desperate to refinance that they’re unable to be refinanced because they’re not late on their home loan payments.
The suggestion often made is that the homeowner default to prove that a refinance is thus needed.
Bad move. Homeowners stop paying and thus “qualify” for the refi. But a foreclosure action then occurs due to late payments.
At this point a homeowner should see an experienced real estate attorney. Eric Lanigan has seen clients who have had banks tell them to stop paying their mortgages in order to get a refinance accomplished.
However the ensuing foreclosure action is caused by the bank.
Keep track of your discussions with lenders, time, date and name of lender staff. Should the bank suggest this and a foreclosure occur, you may have legal grounds for foreclosure dismissal as well as release from fees, penalties and other actions.
Lanigan tells clients not to throw in the towel in a foreclosure action, ever. Banks and lenders have made horrendous mistakes. From robo-signing, to incorrect documentation including late fees, penalties and faulty payment schedules.
There are rights and laws to protect homeowners that the average person simply isn’t aware of. Find out what you can do to defend against foreclosure.
Contact Eric Lanigan and Roddy Lanigan at Lanigan and Lanigan by calling 407-740-7379 in (Winter Park Florida)