Foreclosure Defense Tactics
Foreclosure law firms are often referred to as foreclosure mills. They are law firms that specialize in representing mortgage companies and foreclosing on homeowners. In fact, that's usually all they do. These law firms process thousands of foreclosures each year, and operate like a factory pushing foreclosure lawsuits to completion.
Like a factory, or a mill, they operate best on efficiency. They like it when things go smoothly in the foreclosure process. They like it when timelines are kept.
Because that's how they make their money. Most foreclosure law firms make about $1,500 per foreclosure usually about $500 for filing the foreclosure lawsuit, another $500 when they get a foreclosure judgment, and the final $500 when the home is sold.
These law firms usually hire lawyers fresh out of law school (which means they pay them very very low wages), and operate on a large volume. The result is, when things go well, the owners of the law firm make a lot of money by speeding foreclosure cases along.
But when an experienced attorney, like the lawyers at the Byrne Law Group, start raising defenses and fighting back, the foreclosure mills start to break down. Foreclosure mill law firms don't make money when homeowners fight back - they make money when the homeowner ignores the lawsuit and doesn't fight back.
By challenging a foreclosure lawsuit, and forcing the foreclosure law firm to comply with the law and the rules of Florida courts, an aggressive and experienced attorney can make life miserable for foreclosure mill lawyers. As a result, foreclosure mills often put those cases on the back burner, and instead focus on the low hanging fruit the easy, profitable cases where the homeowner doesn't fight back and doesn't have a lawyer.
Experienced foreclosure defense attorneys, like John Byrne and the Byrne Law Group, know the weak points in foreclosure lawsuits and attack them. John Byrne demands the mortgage company produce the original promissory note (many times they can't). Or he demands that the mortgage company produce an executive to answer questions under oath about the mortgage (executives hate this). And he might force the mortgage company to prove they complied with very strict IRS requirements about mortgage trusts and securities (hard to do). Sometimes a Counterclaim is appropriate when the homeowner actually sues the mortgage company when the facts show the mortgage company broke the law or violated consumer protections (which happen regularly).
Over a period of months, perhaps years, this forces the mortgage companies to act reasonably and negotiate fairly with the homeowner in an attempt to settle the foreclosure lawsuit and achieve the homeowners goals.
Discuss your options and goals for free with an experienced attorney at the Byrne Law Group right now by calling 813-413-6565 or completing the form. You have nothing to lose, but much to gain!