Loan Modification

Foreclosure Litigation is No Miracle

By L. Jed Berliner, Marlborough & Springfield, MA For

There are realistic hopes with foreclosure litigation.  It can stall a foreclosure and lead to an affordable resolution. 

There are also unrealistic hopes.  A deceptive adjustable rate mortgage doesn’t hurt you if you can’t pay the original payment.  An unenforceable retroactive assignment probably won’t help you if your foreclosure begins after the date of the assignment.  (The degree that retroactive mortgage assignments are enforceable varies from state to state.)

Usually, the best result for a predatory lending case is having to return what you borrowed.  If you can’t do that, perhaps with reasonable terms or perhaps through a refinancing, then you shouldn’t get your hopes up.

Interview your proposed attorney.  If the explanation of the legal theories you hear doesn’t make sense to you, then it won’t make sense to a judge.  What experience is there?  What do other clients say?  Is what you’re hearing sounding too good to be true? 

Do not let your desperation get in the way of your common sense.  Capeesh?

Related posts:

1. Mortgage Litigation Conference
2. Foreclosure Defense Checklist
3. Massachusetts Foreclosures In Jeopardy

Full post as published by Mortgage Law Network on January 24, 2010 (boomark / email).