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The Bank’s Burden of Proof in a Foreclosure Case


The bank has no foreclosure case against you if it cannot prove its claim against you. Don’t let them try to bully you into thinking otherwise.

When it comes to Florida foreclosure cases, your best defense is an aggressive offense, and that means forcing your bank to prove their claims. Every claim they make must be backed up with facts and evidence, and usually there are numerous components to each claim.

Here are a few claims they will attempt to make against you and examples of how you can push them to prove their claim with evidence:

Claim: The homeowner breached the contract – Your lender will try to prove that you did not abide by the mortgage contract by failing to pay on the loan terms as agreed. What’s more, they will try to make it an open-and-shut case by rushing to a summary judgment hearing.

The bank’s burden of proof – Even if you know you have fallen behind on payments, you can fight back because the burden of proof is on the bank. Mortgages get chopped up and resold so many times that it may be quite difficult for your lender to even prove that a legally binding contract between exists between you and them.

Claim: The lender performed as agreed under the contract – Your mortgage lender may claim that they always performed per the contract terms and put the blame completely on you, but that is not always the case.

The bank’s burden of proof – Lenders can and do act fraudulently by mis-applying payments, losing payments, or not applying payments at all. Ask for real proof demonstrating that the bank fulfilled its own obligations under the terms of the contract.

These and many other claims your lender tries to make must be backed up with facts, and each component of a claim comes with numerous facets to argue.

Force your lender to prove their case. Do not give up. Do not give in.

You can fight to keep your home, and with our help at Jacobs Legal, we’ll ensure that you stand the very best chance at defeating the Goliath banking institution you’re up again. Call us today at 305-358-7991 for immediate help if you’re facing a Florida foreclosure.

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