If a homeowner is served with a foreclosure complaint after falling behind on their mortgage, it’s possible to defend against a foreclosure lawsuit. Homeowners often argue the defense of lack of standing, claiming that the party filing a foreclosure lawsuit does not have the legal right to foreclose.
As banks service and sell mortgage loans, mortgage paperwork can be lost or may not show mortgage transfers. To raise a lack of standing defense in foreclosure, you will need experienced legal counsel to help you prepare a compelling argument.
Choose the experienced Florida foreclosure defense lawyers at Loan Lawyers to help you find an effective foreclosure solution in Fort Lauderdale. Our experienced attorneys will develop a tailored approach to protecting your rights and pursuing the best possible result in your case.
Don’t rely on debt consolidation companies or bankruptcy lawyers who won’t seek more effective and cost-efficient solutions for resolving your pending foreclosure. We will vigorously pursue every defense available to you to fight to save your home and fix your financial difficulties.
When you are served with foreclosure papers, don’t assume you have no legal options to delay or prevent foreclosure. Reach out to Loan Lawyers for a free initial case evaluation to see how a foreclosure defense lawyer can advocate for your rights.
What Is Lack of Standing in Foreclosure Cases?
Florida foreclosure laws establish that only the owner of the mortgage or note that the mortgage secures is entitled to pursue foreclosure when a property owner defaults on their mortgage payments. When a party files a foreclosure lawsuit, they must prove they own the mortgage or note. They lack “standing” to pursue foreclosure if they cannot prove ownership.
The foreclosing party must prove they owned the mortgage or note when they filed. Getting the note or mortgage after filing a lawsuit cannot retroactively establish ownership for the original complaint.
Lack of standing may occur in foreclosure cases when the original bank bundles the loan with other mortgage loans and sells it to another bank or investors. As the mortgage and note pass from party to party, the original documents may become lost or may not show the party filing for foreclosure owns them.
What Is an Affirmative Defense?
An affirmative defense is a legal argument a defendant may raise in a court case. Rather than fighting the allegations of a complaint, an affirmative defense argues that the party who filed the legal action is not legally entitled to a judgment against you.
For example, when you raise an affirmative defense in foreclosure proceedings, you are not arguing the bank’s claim that you haven’t made your mortgage payments. Instead, you are arguing that some fact negates your default and makes the bank not entitled to foreclose.
