Are you currently in default on your mortgage or have you been sued for foreclosure? As the party bringing the lawsuit to foreclose, your bank has the burden of proving it is entitled to a final judgment of foreclosure ordering the sale of your home. Among other things this means that the bank must prove it owns the loan and mortgage or is otherwise entitled to enforce them, that it has performed all necessary actions required by law to be performed prior to filing suit, and it must prove how much you owe. If the bank fails to prove any of these things the Court should not grant a judgment in the bank’s favor.
In addition to the issues discussed above you as a homeowner may have other defenses to assert against the bank to prevent foreclosure. To ensure that all of your defenses and claims are presented properly and in a timely manner it is important to have an attorney working for you in preparing and presenting your case.
I can help you if you are in default on your mortgage or are facing foreclosure. Please call me so we can discuss how I can help.
Francis M. King, Esq.