Ameris Bank was established in 1971 and today, the company has headquarters in Atlanta, Georgia. Ameris Bank provides a wide range of commercial banking services to small and mid-sized companies, as well as individual customer products such as treasury support, mortgage and refinancing services, and savings and investment options.
On their website, Ameris states that they want to empower customers to make decisions at a local level so they do not have to jump through hoops and endure endless red tape. Unfortunately, this has not been the case for many Ameris customers. The company has had many complaints filed against them in recent years and they have not always treated customers fairly. Below, our Ameris Bank foreclosure defense lawyer outlines what these are, and the legal options available to you.
What is a Mortgage Servicer?
Before going any further, it is important to understand what a mortgage servicer is, as Ameris Bank provides this service to many other larger banks and financial institutions.
A mortgage lender is a company that a customer initially borrows the money from to purchase a home. Original mortgage lenders are typically banks, credit unions, and mortgage companies. When a mortgage lender issues a home loan, the borrower signs a contract stating that they will pay back the lender and that the home will be used as collateral.
Mortgage servicers, on the other hand, handle the daily management of a mortgage loan. In some cases, the original lender also acts as the mortgage servicer. In most cases, though, the mortgage lender uses another company to service the loan. The servicer then processes mortgage loan payments, answers questions about payment history and a borrower’s loan balance, and pays the taxes and insurance on escrow accounts.
Complaints Against Ameris Bank
A quick review of the many complaints on the Better Business Bureau website shows that Ameris Bank does not always treat its customers fairly. The company has given the financial institution a rating of C-.
Many of the complaints pertain to the fact that Ameris Bank did not provide enough notice when they transferred a mortgage loan to another servicer. In most cases, mortgage lenders and servicers must provide at least 15 days notice to homeowners that their loan is being transferred. In some cases, homeowners only received notice three days before their mortgage loan changed hands.
Other customers applied for a home loan directly with Ameris Bank but were left in the dark about their application for several weeks. In some cases, months passed and customers still did not receive a response about their home loan.
Ameris Bank has also been accused of placing holds on customers’ accounts while the loan was being transferred to another company. This resulted in people being notified that they were delinquent in their mortgage payments, even though they were not. In other cases, insurance payments were not made from an escrow account and so, the insurance company for the bank would not pay the borrower’s insurer.
Unfortunately, these are not the only complaints against Ameris Bank. They have a long history of treating customers unfairly. The good news is that if they have treated you unfairly, you do have legal options and may be able to defend against foreclosure.
Unclean Hands
Unclean hands are a valid defense in many foreclosure cases. Unclean hands refer to the fact that the mortgage lender or servicer played a role in the reason for foreclosure. For example, if Ameris Bank has told you that you can pause your payments for a certain amount of time, they cannot initiate foreclosure proceedings during that time. If they do, it is tortious interference and this is just one instance in which a mortgage loan or servicer may have unclean hands.
When proving that Ameris Bank had unclean hands, the burden of proof is on you to establish that the company engaged in a fraudulent or illegal transaction. Using the above example, you must only show the agreement that Ameris Bank is permitted to pause the mortgage payments before starting the foreclosure process anyway.
Failing to Fill Conditions Precedent
A condition precedent is a term that refers to the fact that a mortgage lender or servicer cannot foreclose on a home until they have taken some other action. In Florida foreclosure cases, one of the most common conditions precedent is that lenders and servicers must provide a homeowner with 30 days to repay the delinquent amount and bring their mortgage current before the company can start foreclosure proceedings. If Ameris Bank has not filled this condition precedent or any other, it can serve as a defense in a foreclosure case.
Loan Modifications
There are two different types of loan modifications available. The first is an agreement negotiated between the lender or servicer and the homeowner. These agreements can change any portion of the loan including the interest rate, the term of the loan, and even the principal amount. To obtain a loan modification from Ameris Bank, you must submit an application and the company must approve it.
If Ameris Bank does not approve your loan modification, you can still obtain one by filing Chapter 13 bankruptcy. A Chapter 13 bankruptcy will result in an automatic stay being issued. The automatic stay is issued as soon as the bankruptcy is filed and prohibits lenders and creditors from contacting you regarding the debt. During a Chapter 13 bankruptcy, you will also create a repayment plan that will extend between three to five years. You can include your delinquent mortgage payments in this plan, giving you more time to catch up on them. Any future payments must be paid on time to avoid foreclosure.
Our Ameris Bank Foreclosure Defense Lawyer in Fort Lauderdale Can Help
If Ameris Bank has threatened you with foreclosure, you need legal advice. At Loan Lawyers, our Florida foreclosure defense lawyer can provide it and give you the best chance of saving your home. Call our Fort Lauderdale foreclosure defense lawyer now at (954) 523-4357 or contact us online to schedule a free consultation and to get the legal help you need.
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