All too often I have homeowners, who are in foreclosure, approach me and tell me that the Bank promised them they would not move forward on the foreclosure only to end up lying and getting a foreclosure sale on the home. This leaves the homeowner confused and furious with no true legal defense to the lie.
First off, when I use to represent banks, I handled thousands of foreclosure cases. I use to roll my eyes when homeowners would tell me that “the bank promised me they wouldn't do anything on this case!” However, ever since I have been representing homeowners in fighting foreclosures and saving homes, I realize just how many times the bank specialist guarantees the homeowner that nothing will happen on their case, only to see the bank rapidly moving forward.
Many times the bank’s specialist will notify the homeowner, especially if the homeowner is pro se, that the Bank is working on the loan modification package, or short sale, and therefore the Bank is not going to move forward with the foreclosure at that time. At that moment the homeowner will have a false sense of comfort. Then, what happens all too often, the homeowner gets defaulted by the bank (meaning the homeowner can no longer defend themselves in the foreclosure action) and the bank gets the sale of the property much quicker.
Now, not all banks lie about holding up a foreclosure case during modification or short sale review, however, my advice to homeowners would be to consult with an experience Foreclosure Defense Attorney about what steps need to be taken legally to protect a homeowners interest. Especially if the bank’s representative has been making affirmative promises not to move forward with their case.
If you are a homeowner in foreclosure, call the law firm of Haynes & de Paz, P.A. for a free consultation. Haynes & de Paz uses their past knowledge and experience gained from representing banks and now puts those skills to use in representing homeowners and helping them save their homes!
Author: Benjamin C. Haynes, Esq.