According to a complaint filed in the Southern District of Florida, some individuals are asking for their homes back after their mortgages were already foreclosed. The complaint alleges that the foreclosures were illegal. The attorneys representing the Plaintiffs are seeking class action certification.
The current real estate market, and ongoing foreclosure crises, presents all sorts of issues that must be properly navigated by a struggling homeowner. 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.
Nevertheless, it is highly unlikely courts will force out new owners of these homes if they bought them in good faith. If proven that these foreclosures were indeed illegal, the homeowners may have a greater chance of regaining their homes if the property is still in the bank’s possession.
The suit names three defendants. They are BAC Home Loans Servicing, a Bank of America subsidiary, Deutsche Bank National Trust Company, and US Bank National Association. The complaint alleges that employees of these lenders falsified and improperly notarized documents which were filed with courts.
Spokesmen for these banks claim their companies acted as trustees for the trusts holding the mortgage securities. Accordingly, they claim it was not them but the loan servicers and foreclosure law firms they hired that actually handles the procedures mentioned in the complaint.
This is one of a few recent class action filings showing up around the country as Attorneys General of all 50 states continue to investigate and uncover questionable foreclosure procedures practiced by lenders, loan servicers, and their law firms.
In a similar class action lawsuit filed in Maine, plaintiffs are seeking to halt ongoing foreclosures and evictions. If the homes have already been taken in alleged illegal foreclosures, the suit is attempting to recover monetary damages for these former homeowners.
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We have been successful in defending many foreclosure cases when given an opportunity to develop a plan to properly defend the foreclosure.
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.
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