Unfortunately, many people today are being forced to face foreclosure. There are many different strategies for avoiding a foreclosure, one of the least known is the use of legal remedies. Most of us are unable to seek the assistance of an attorney to litigate against our mortgage company because:

1. It costs up to $100,000 to litigate a case. If a borrower could pay an attorney this amount of money, they probably would not be in the financial situation to be losing the home.

2. Many financial Institutions and brokers are insolvent. At the time of the print of this article, over 217 institutions have gone out of business.

3. An in ability for mortgage institution to resend the loan because values have decreased such that the home can not be refinanced.

4. The surrounding facts and documentation in the case must be strong and the borrower has to have clean hands

For Example: When applying for their home loan, Tiffany and Theresa tell the mortgage broker that they make $120,000 annually. Both the borrowers and the mortgage broker knew otherwise, Theresa is a retail manager making $55,000 a year and Tiffany is completing her last year of Dental School. The mortgage broker puts the $120,000 income on the loan documents. In this scenario, the broker’s actions to process the loan with information that he knows to be false in order to collect his fees are actionable. However, Tiffany and Theresa do not have “clean hands” in the eye of the law, and will not have a viable case to sue against the mortgage broker.

By: K. Patrice Williams

About the Author:

K. Patrice Williams has a BA in Economics as well as a law degree. She has successfully managed both residential and commercial multi-million dollar income producing assets and budgets for more than 10 years. As a 1st year law student, Patrice established a real estate development and consulting business and acquired over 30 rental properties. As the housing market values decreased- like millions of other Americans-her properties were negatively impacted by shifting ARM’s, combined by a sluggish economy. Patrice has researched and personally implemented almost all of the pre-foreclosure techniques detailed in the book: “6 Simple Steps to Avoid Foreclosure”. http://www.avoidforeclosuremanual.com