
Winterpark Foreclosure Attorney
Aggressive Foreclosure Defense
Once retained, these are some of the tactics we may use for you that we have used successfully in the past:
- Preparation and filing of insightful and proper
pleadings, documents and discovery materials
- Motion to Dismiss or Alternatively For a
More Definite Statement: Often times the
plaintiff Bank or Servicer fails to identify
themselves or fails to properly plead ownership of
the note and or mortgage in the complaint. We will
forcefully challenge every allegation made by the
plaintiff.
- Enhanced and specific Discovery Materials: we
will file well crafted;
- Requests for
Admissions:forcing the
plaintiff to admit whether they properly own and
hold the note and mortgage and whether they were
in possession of the note when it was lost
- Requests for
Production:forcing the
plaintiff to produce the documents that delineate
the chain of title of the note
- Written
Interrogatories:forcing
the plaintiff to answer the tough questions
necessary before proceeding with a
foreclosure
- Motion To
Compel:Should the
plaintiff fail to respond to the discovery requests
within the proper thirty day period we will seek an
Order from the Judge forcing the plaintiff to
respond. If the plaintiff fails to respond we will
use that failure to prevent them going forward with
the foreclosure.
- Response to Motion For Summary
Judgment: We will prepare and file a proper
response to every Motion for Summary Judgment filed
by a plaintiff including memorandum of law and recent
and controlling case citations in a legal and
thoughtful effort to prevent a Summary Judgment from
being entered against you.
-
Loan Modifications and
Short Sales: Beware of
Loan Modifications and Short
Sales that do not fully protect you
- Loan Modifications: We can provide assistance with Loan
Modifications making sure that you are
protected from suspense accounts and other tricks
employed by the Servicer to obtain payments from you
to fund the foreclosure against you.
- Short Sales that do not address
the deficiency judgment are of little or no value to
the borrower. We provide you with proper advice
regarding each and every issue involving a short
sale. Protecting you is the goal.