Legally Fighting An Unfair Foreclosure

Posted on: 30 November 2018

Did you purchase a house and have been recently getting threatened with foreclosure? Are you confused about the threats because you have not fallen behind on making mortgage payments and believe there has been a mistake? If you are fearful that you are unfairly in the process of losing your home, it is important to take action as soon as possible You don't want to lose your house to foreclosure because it can be a very difficult situation to overcome, such as get your property back. If you want information on how a foreclosure attorney can assist with your situation, continue reading this article.

Proving Mortgage Payments Were Made

Being that your main defense against the foreclosure is that you have already made the payments you are being threatened about, it is up to you to prove it. You might have a more difficult time proving that the payments were made than you think, depending on how the money was paid to the lender. For instance, if you sent the lender money orders through the mail and didn't keep the receipts, it can be difficult to prove. The reason why is because the lender can claim that the money orders never arrived in the mail. An attorney has the skills to do everything possible to track down the money orders without having the receipts.

Investigate the Lenders History

A major aspect of proving that you did not fall behind on making mortgage payments is for the lender to be investigated. An attorney will find out if other homeowners have been accused of falling behind on payments by the lender, and what happened if they took the case to court. There is the possibility that the lender has poor record keeping skills and didn't update your account properly when the mortgage payments were received. There is also the possibility that your money was used to pay unreasonable fees rather than being credited as mortgage payments. An attorney will request records of your account so he or she can figure out if anything suspicious has been going on.

Prepare a Court Case in Your Defense

In the worst case scenario, your mortgage lender will fail to cooperate and the case will have to go to court. An attorney will ensure that all of your evidence is prepared to be presented in court. He or she will also bring up any fraudulent activity that has been going on with the lender in regards to handling homeowners accounts. Contact an attorney, like James Alan Poe, P.A., for more help.