Interstate Intrinsic Value Fund A, LLC Foreclosure Defense

Interstate Intrinsic Value Fund A is a mortgage servicing company that was established in 2009. Their headquarters are in Delaware, but they do business throughout the country. On their website, they state that they provide investment and investment management services. Many of these investments involve bundled mortgage loans that Interstate Intrinsic Value Fund A sells to investors. This is very important to know if the company has taken legal action against you or if you have received a notice of foreclosure.

Fortunately, many defenses to foreclosure can delay proceedings or help you keep your home. Below, one of our Fort Lauderdale foreclosure defense lawyers explains what these are, and why you need legal help.

Interstate Intrinsic Value Fund A May Not Own Your Loan

Interstate Intrinsic Value Fund started purchasing mortgage loans from the big banks shortly after the subprime mortgage crisis when the company was established. Over the years, they have bundled these purchased loans to sell to investors. As these loans continue to change hands, important documents become lost. The most important of these are the titles and notes on properties.

By simply forcing the company to produce the title or note on your property, you may be able to save your home. These documents often become lost or destroyed as they move from place to place. If Interstate Intrinsic Value Fund A cannot produce these documents, they cannot prove they own your loan. As such, they do not have any legal standing – or cause to take legal action, such as filing a foreclosure lawsuit, against you.

Unclean Hands

Unclean hands is another defense in foreclosure cases and it refers to any time a lender or servicer did not act fairly, or acted fraudulently. Tortious interference is one of the most common defenses in cases that raise unclean hands as a defense. For example, a servicer such as Interstate Intrinsic Value Fund A may tell a homeowner that they can defer their mortgage payments until a future date. If the servicer then starts foreclosure proceedings, it is tortious interference and can serve as a foreclosure defense.

Proving unclean hands is very difficult and requires strong evidence. You must not only prove that the lender or servicer acted fraudulently or illegally. You must also show that the unclean hands caused you harm. It is always advisable that you seek sound legal advice when trying to prove unclean hands.

Failure to Notify of Default

The defense of a failure to notify of default is also known as the Paragraph 22 defense. This is because most mortgage loans require lenders and servicers to notify borrowers that they are in default at least 30 days before they start foreclosure proceedings. This clause is usually included in paragraph 22 of a mortgage loan. Raising this as a defense requires servicers such as Interstate Intrinsic Value Fund A to prove that they notified the homeowner in the time required.

Loan Modification Through Chapter 13 Bankruptcy

In some instances, a loan modification can help you save your home and avoid foreclosure. Mortgage lenders and the big banks are often more amiable to a loan modification than loan servicers such as Interstate Intrinsic Value Fund A, though. However, there is still a way to get a loan modification even if the company does not agree to it.

By filing Chapter 13 bankruptcy, all of your debt including your mortgage loan is reorganized into a repayment plan. These plans extend between three and five years, which can give you a longer period to repay the loan and make the payments more affordable. As soon as you file for bankruptcy, all lenders and creditors must also stop collection efforts. This is because a judge will issue an automatic stay as soon as you file. If the servicer has already started foreclosure action, filing for bankruptcy will stop it.

Why Work with an Interstate Intrinsic Value Fund A Foreclosure Defense Lawyer?

You may think that you can defend a foreclosure case on your own, and, indeed, you are not required to have legal representation. Still, working with an Interstate Intrinsic Value Fund A foreclosure defense lawyer has many benefits. They include:

• Knowledge of the law: The state and federal laws that govern the foreclosure process are very complex. Because foreclosure is a judicial process in Florida, the courts will also be involved. A lawyer will have a thorough understanding of the laws, including the timelines you must meet and the statutory requirements.
• Protect your legal rights: Interstate Intrinsic Value Fund A may have violated the law to proceed with your foreclosure case. A lawyer will identify any violations and will know the correct course of action to take afterward.
• Negotiation skills: Foreclosure cases often involve a lot of negotiation and most people are not familiar with this process. Attorneys are skilled negotiators and will work with the servicer to reach an agreement that may help you avoid foreclosure and keep your home.
• Trial representation: Not all foreclosure cases go to court. When they do, the case is not argued in front of a jury but instead, a judge alone. Still, court proceedings are very intimidating for those who have never been through it before. A lawyer will be very comfortable with the court process and will appear with you at hearings to make sure your rights are protected and to give you the best chance of a successful outcome.

Call Our Foreclosure Defense Lawyers in Fort Lauderdale Today

If you have received notice of foreclosure, you must speak to a Fort Lauderdale foreclosure defense lawyer as soon as possible. At Loan Lawyers, our experienced attorneys can review the facts of your case, and prepare the best defense strategy that is right for you, and that will help you avoid foreclosure. Call our Florida foreclosure defense lawyers now at (954) 523-4357 or contact us online to schedule a free review of your case and to learn more about your legal options.