Several different kinds of notices are commonly encountered by homeowners during the foreclosure timeline leading up to the filing of a foreclosure lawsuit. One type of notice, for example, may be a form debt collection letter providing the homeowner with notice that the creditor intends to pursue collection and/or foreclosure. This notice may appear in varying forms and may contain such items as the alleged creditor, the amount allegedly due and owing, and it may contain different legalese that may intimidate or confuse homeowners.
Two of the more prominent foreclosure defenses that arise from pre-lawsuit notices are as follows: First, if the bank, servicer, or creditor has materially failed to comply with the Federal Debt Collection Practices Act, the homeowner may have grounds for affirmative relief. In plain English, failure to comply with federal statutes governing debt collection may allow homeowners to go on the offensive against banks and servicers. Secondly, the bank, servicer, or creditor may be precluded from receiving a final foreclosure judgment or may even be at risk of losing their foreclosure case if the creditor cannot prove that it sent pre-suit notices required under the terms of the mortgage or that the pre-suit notices contained all the required language.
The experienced Florida foreclosure attorneys at King, Nieves & Zacks will be happy to examine any pre-suit notices or debt collection letters you have received for possible flaws and defenses that may arise therein. KNZLaw’s foreclosure attorneys have examined hundreds of such notices and can inform you of whether you may have some substantive defenses that would preclude foreclosure, or whether you can go on the offensive against banks and servicers. Be sure to ask any attorney or firm that you are considering hiring whether an experienced attorney will personally handle your matter, rather than an unlicensed paralegal or an inexperienced associate. At KNZlaw, you can be assured that an attorney experienced in the Florida foreclosure process will personally attend to your matter.