Allied First Bank, ServBank Foreclosure Defense

Allied First Bank is not one of the major banks in the United States, but that does not mean that they always treat their customers fairly. In 2022, Allied First Bank was purchased by ServBank, and many homeowners have filed complaints against this company, as well. In some instances, ServBank and Allied First Bank have both been accused of trying to wrongfully foreclose on homes.

If you have a mortgage with either Allied First Bank or ServBank and you have received a notice of default, it is imperative that you know there are many legal defenses available. Below, one of our Florida foreclosure defense lawyers explains what these are and how you may be able to keep your home.

The Judicial Foreclosure Process in Florida

If Allied First Bank or ServBank is threatening you with foreclosure, it is critical that you understand the state laws that will govern your case. The Sunshine State is a judicial foreclosure state, meaning that before lenders can foreclose on your home they must file a lawsuit against you. After the lawsuit has been filed, you will receive a summons and complaint. The complaint will outline the reason for the lawsuit and a full description of the foreclosure case.

Once the lawsuit has been filed against you, the burden of proof is on the financial institution to prove that the foreclosure is legitimate and that the company has a legal right to foreclose on your home. This is not always easy. Unfortunately, if you do not defend your case, it may be relatively easy for the institution to foreclose on your home, even if the foreclosure is not valid.

Contesting a Foreclosure in Florida

If Allied First Bank or ServBank has sent you notice that your mortgage is in default or you have received notice of a lawsuit, it is important to respond to the complaint. Your response should include the defenses you plan to use in your case and establish the reasons why the lender cannot foreclose on your home. Your response must be filed within 20 to 30 days unless the deadline outlined in the summons outlines a different deadline.

When filing a response, it is important to work with a foreclosure defense lawyer. The lender may have also included a motion for a summary judgment. If their request for a summary judgment is approved, they will be able to proceed with the foreclosure and you will lose the right to prepare a defense in your case. A lawyer can also advise on certain types of evidence that show the lender made an error during the foreclosure process. Common mistakes include initiating a foreclosure too early, failing to send you a notice of default, or otherwise failing to comply with proper procedure.

Ask the Lender to Prove the Debt

While there are many foreclosure defenses, insufficient documentation is one of the most common. It is for this reason it is imperative that you ask Allied First Bank or ServBank for any loan documents. These can include a deed of trust or mortgage, promissory notes, and documents related to refinancing. You should also ask the lender for any signed agreement you entered into or any notice they sent you.

The above documents are important evidence in your case. You may be able to use them to show the lender is missing paperwork or has omitted important parts of the process. It is easy to assume that the lender has sufficient evidence against you, but that is not always the case. These documents often get lost, particularly when a mortgage has been sold to one lender from another. Due to the fact that ServBank purchased Allied First Bank, it is very possible that during the purchase, important documents became lost.

Complaints Against Allied First Bank

The Better Business Bureau has received many complaints regarding Allied First Bank. One of the complaints states that Allied First Bank sent a homeowner a letter to reinstate their mortgage after they defaulted on payments. The homeowner made the payment on the same day, but the payment was returned. The lender then moved forward with the foreclose lawsuit. It is against the law for lenders to refuse payments in order to foreclose on a property.

Other complaints against the lender refer to trying to deceive veterans. Allied First Bank has sent many veterans letters mentioning equity reserves and expired waiting periods. While technically legal, these letters are intended to confuse veterans and pressure them to enter into a financial transaction they do not need and did not seek out on their own.

Allied First Bank has also been accused of harassing people in an attempt to get more business. The bank initially contacts people regarding a mortgage. If the person refuses, they continue to call, sometimes four to five times in the same day. One person has even accused Allied First Bank of using different phone numbers to contact them, and then of hanging up once they have identified the consumer’s identity.

Unfortunately, the above are just a few complaints filed against Allied First Bank. Others refer to the lender’s poor customer service. Many people have accused the bank of failing to return their phone calls or of simply failing to answer their phones. Others have stated that when they did deal with a representative of the bank, they were very pushy and unhelpful in resolving any issues. While offering poor customer service is not against the law, there are legal defenses that can be used in many cases.

Our Foreclosure Defense Lawyers in Fort Lauderdale Can Prepare the Defense You Need

If you have received notice from Allied First Bank that they are going to foreclose on your home, you need sound legal advice from a Fort Lauderdale foreclosure defense lawyer. At Loan Lawyers, our attorneys have the necessary experience to defend against foreclosure and give you the best chance of keeping your home. Call us now at (954) 523-4357 or contact us online to request a free consultation and to get more information.