In what seems like a reversal of roles, a homeowner showed up at a Bank of America with a truck ready to haul away furniture for public action in order to enforce a court order.
Back in 2009, the homeowner and his wife purchased a home in the Fort Myers area without taking out a mortgage – they purchased it cash. However, about 5 months ago, Bank of America started foreclosure proceedings against them for non-payment of their mortgage. Well, of course they weren’t paying! They had no mortgage at all!
The bank did eventually drop the case. Nonetheless, it cost the homeowner about $2,500 in legal fees to defend the case. Luckily, a judge ordered the bank to reimburse him for his legal expenses. But for some unknown reason the bank never paid up. That is why the homeowner had to show and attempt to repossess property. After being there for one hour with deputies and moving trucks, the bank handed the homeowner a check.
Whenever a lender dismisses a case, or even if a judge does so, you may be entitled to recovery attorney’s fees from the bank that tried to foreclose on your home. More often than not, the mortgage and note will contain language that says the prevailing party is entitled to recover fees. If a judge dismisses a foreclosure case, the homeowner is the obvious prevailing party. Therefore, recovery of attorney’s fees may be possible if a judge orders it.
Indeed, our firm has recovered thousands of dollars in legal fees from the banks in foreclosures actions where we have prevailed.
At Alvarez & Barbara, LLP, we have extensive experience defending foreclosure cases. Not only have we worked to get cases dismissed, we’ve been able to recover attorney’s fees for our clients as well. If you’re in default or are already facing a foreclosure lawsuit, don’t hesitate to contact us for a consultation.
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Consider Your Options. Contact Us Today.
We have been successful in defending many foreclosure cases when given an opportunity to develop a plan to properly defend the foreclosure.
Our Miami foreclosure defense lawyers have assisted many homeowners in buying enough time to reach the solution that is right for them. There are many alternatives to foreclosure, and often times it just takes proper planning to properly navigate against the potential pitfalls. Help is often available to those who seek it.
If you are on the brink of foreclosure, need a real estate attorney, or just need to assess your legal rights, please contact our office today.
Call us today toll free at 1-866-518-2913 or at 305-263-7700.
About the Author – Gabriel de las Salas is an attorney with the law firm of Alvarez & Barbara, LLP. His practice is focused on general civil and commercial litigation, including personal injury, insurance claims and real estate disputes. Mr. de las Salas received his B.A., cum laude, from the University of Florida, and his J.D., from Stetson University College of Law.