FORECLOSURE DEFENSE | Naples Personal Injury Attorney|Marc L. Shapiro, P.A.

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If a lender starts foreclosure proceedings a defendant often assumes that they have no real defense in the case. However in the better part of the last decade shady sub-prime mortgage contracts have been multiplying to record numbers. Many of these high interest mortgages were created and approved by fudging income numbers and hiding abusive fees within the mortgage contract. Fortunately for many homeowners in a foreclosure crisis these direct violations to the law can come back to haunt the banks that created the mortgage contract. By having a forensic document audit performed on a mortgage contract homeowners can sift out any violations found in their mortgage contract and use these as great leverage when both negotiating and defending a foreclosure.

It’s important for any homeowner facing or in foreclosure to hire attorneys to defend their interests, the reason being is that a foreclosure is a lawsuit filed against consumers for non-payment of their mortgage. The lender hires attorneys to pursue their case against you, so hiring an attorney to represent you will significantly level the playing field.


Any violation discovered during the audit process can significantly bolster your defense in the foreclosure proceedings. The banks will be much more willing to negotiate a deal in your favor after your attorney advises them of the violations to the law found within your mortgage contract. It is estimated that over 80% of sub-prime mortgages created after 2001 have violated the law. We use this information in defending your case and negotiating a proper settlement It is advised that anyone who suspects they may have been a victim of predatory lending or mortgage fraud to immediately commence a document audit on their mortgage contract. It can mean the difference between keeping your home or not. A document audit is the first step in foreclosure defense and its result determines what direction the firm needs to go next in the defense process.


As you can see a foreclosure defense is not so one-sided and straight forward as most people assume. Simply because the bank alleges you owe them money certainly does not mean they are entitled to the entire amount or any of it in some cases. In the United States you have rights and if your rights were compromised during the creation of your mortgage contract you are entitled to seek damages whether it is through negotiation of reduced payments, principal reduction, forgiven debt, or many other solutions depending on your unique situation.