During the upheaval of mortgages in the early and mid 2000s, banks were overwhelmed by the number of mortgages they were processing daily. This led to poor record-keeping, disorganization, and many lost documents. To a homeowner currently facing foreclosure, the disarray of the bank’s record tracking works in his or her favor. Thus, we always advise people facing foreclosure to seek representation from an experienced Miami Foreclosure Attorney.
Such was the case with one of our clients, a single mother of two young children who was faced with no other option than to default on her mortgage when her real estate business dwindled. In an attempt to keep her home, this client requested a loan modification with Wells Fargo Bank in 2012, but was denied.
Shortly after the default, Wells Fargo filed a foreclosure suit in September 2012, claiming entitlement to enforce the Note, payable to an entity called The Mortgage Store. Our Foreclosure Attorneys entered an appearance on behalf of the homeowner in October 2012, and began extensive research. Discovery on the case included recovering copies of essential documents, such as the note, which was not endorsed, and deposition of plaintiff’s trial witness.
After two years of defending this client, the case went to trial before Judge David Miller in the Eleventh Judicial Circuit of Florida, in Miami-Dade County, on June 18, 2014. At trial, Judge Miller entered a judgment in our client’s favor, finding that Wells Fargo Bank could not prove ownership of the Note. This client is now able to stay in her home with her family.
This story is just one of many circumstances that can stop a lender from foreclosing on a property. If you’re facing foreclosure, don’t lose hope; there may be alternative ways to stop your foreclosure.