Score another victory for our foreclosure attorney, defeating the mortgage company at a foreclosure trial in Brevard County. Now more than ever, Melbourne homeowners should hire a foreclosure attorney to defend their foreclosure actions. With the right legal defense and the right attorney, you may be able to beat the bank.
Before a bank forecloses on a home, they must prove to the foreclosure court that they served a notice of default to the homeowner BEFORE they filed the foreclosure action. If the bank fails to prove that they sent the notice, the foreclosure case will be dimissed. This has become a major battle ground in the foreclosure court.
Often times, the bank that is foreclosing on the home is not the bank that sent the notice of default. Because of that, the foreclosing bank has difficulty putting the notice of default into evidence. They would normally need to call as a witness the bank that sent the notice, but the foreclosing bank rarely ever does that. With the right objection, the court may not allow the notice of default into evidence. Without the notice in evidence, the foreclosing bank cannot show that the notice was sent, and the case must be dismissed.
It sounds like a technicality, but the notice of default is a very important requirement under the mortgage. The notice is supposed to give the homeowner critical information about their alleged default, how to cure the default, and about the homeowner's rights under the mortgage. Many times the bank doesn't send the notice, but tries to argue at trial that they did. They pull out some notice of default from the prior bank with no knowledge of whether it was actually sent. By keeping the notice of default out of evidence, you prevent the foreclosing bank from foreclosing without first giving you the valuable information required in the notice of default.
Bowin Law Group - Brevard's Hometown Law Group