Defending Yourself From a Florida Foreclosure Part 3
The best defense is a good offense
You’ve been given a complaint for foreclosure. You’re facing down the enormous Goliath-like bank or mortgage company and you feel so small and powerless. You want to run and hide, disconnect the phone, cut your losses and move to another country.
We’re here to tell you that you don’t need to be afraid. You do not need to give up and accept that you will lose your home. You have options. You have weapons at your disposal. You can fight fire with fire.
It’s time to show the bank that they don’t hold all the cards.
If you have reason to accuse your lender of unfair practices or wrongdoing, you can file a counterclaim and give your bank a run for its money. Counterclaims can include:
- Unclean hands
- Breach of Duty of Good Faith and Fair Dealing
- Violations the Real Estate Settlement Procedure Act (RESPA)
- Misrepresentation or Fraud.
Banks have lots of money and lots of power, but they are not immune to the law. They often win by simply wearing you down, making you feel hopeless and helpless and without options. But if you sue the bank you put them on the defense and turn the tables.
One of the primary reasons to sue a bank is that it can mean you get the right to a jury. See, in most states a foreclosure case is handled by a judge, with no jury. A judge may be sympathetic but they are beholden to the law and are less likely to be swayed by the bank’s unfairness or your poor treatment.
A jury, however, is much more likely to identify with your plight and side with you. Banks and lenders don’t do as well in front of juries. So many people have been wronged by these Goliaths that you are likely to have many sympathetic ears in a jury. When you file a counterclaim, you raise your chances of finding justice and keeping your home.
The major caveat to note, however, is that your counterclaim must be legitimate. If you file a frivolous counterclaim you could get your suit tossed out and risk being sanctioned.
So, how do you know if you have a legitimate counterclaim?
Well, you can research. And research and research. Head to your local library. Get access to a research database. Visit your local court’s website or call for help with forms and procedures. If you want to go this route, expect to be putting in hours and hours of reading and digging through complex legal materials. We encourage knowledge and education, but this is a tough path to take when you are already fighting just to stay above water.
What else can you do?
Call us and see how we can help. We have been fighting for homeowners’ rights for over 12 years. Let us do the heavy lifting and intense research needed to take on the banks. You deserve to be heard and have your side of the story recognized.
Let us help give you a fighting chance!