Law Office of Michael Reiter

Wrongful Foreclosure

Has home, or other property been foreclosed? Are you convinced that you did nothing wrong? You may have been a victim of a wrongful foreclosure.

You may not realize that you have rights and can effectively defend a wrongful foreclosure. and that you can hire a lawyer and prevent a foreclosure or even get your property back and sue for damages.

In a free initial consultation, we can analyze your situation and discover whether you it was indeed a case of wrongful foreclosure.

Predatory and subprime lenders exploit low-income and moderate income homeowners, often stripping them of the equity in their homes. I represent homeowners against foreclosures by predatory lenders, subprime lenders, and even the most respectable banks. Some predatory loans give rise to claims for fraud, civil theft and conspiracy charges, and consumer protection violations.

Most claims and defenses are based on Truth in Lending Act (TILA) rescission and Home Owner and Equity Protection Act (HOEPA) violations. Truth in Lending rescission allows a consumer to rescind a home equity loan for up to three years if the consumer has not received accurate disclosures and notices. The Home Ownership and Equity Protection Act applies to high cost or high interest rate home equity loans and adds an additional layer of disclosure requirements, additional grounds for rescission, and other grounds for relief.

Wrongful repossessions are common. Often, people who are not late on any payments, or have just a few late payments, see their homes taken. Any number of things can happen that lead to a foreclosure at no fault of the homeowner, such as;

The mortgage service company misapplied the homeowner’s payments
Insurance was "force placed" and was unnecessary or unauthorized
The escrow account was charged incorrectly
Payment was put into a "suspense account" instead of being properly applied to principle or interest
Payment during a bankruptcy was incorrectly applied to the loan
You entered into a forbearance agreement that has been disregarded.

If your home is being foreclosed and you have made your payments, you have rights that should not be ignored. If your foreclosure case is based on errors made by your lender, you should not have to compromise and pay their attorney! Florida and Federal law provides for many consumer protections that can be used to protect your rights and if you are a victim of a wrongful foreclosure suit, your lender can be made to pay your attorney fees and reestablish the loan with terms favorable to you!

Nothing contained in this webpage constitutes legal advice and no attorney client relationship either expressed or implied exists. If you have questions, you should seek the advice of an attorney.