Foreclosure Litigation is No Miracle

24 Jan Foreclosure Litigation is No Miracle

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 thelegal theories you heardoesn’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?

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L. Jed Berliner practices exclusively in consumer bankruptcy, foreclosure defense, and related consumer protection litigation such as credit card defenses and suing debt collectors. He established his Springfield, MA practice in 1988. Attorney Berliner is a regular and active contributor to the Bankruptcy Law Network, the Bankruptcy Roundtable, and the National Association of Consumer Bankruptcy Attorneys, three specialized consumer bankruptcy forums on the Internet, and is an informal mentor to regional practitioners. He is recognized by his peers as an expert in consumer bankruptcy issues. He thoroughly enjoys being rated "excellent" in his client surveys.

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