Foreclosure Defense & Mortgage Modifications

The sharp decline in real estate values nationwide has left homeowners responsible for payment of mortgages that often exceed the value of their homes.  Poor economic conditions, medical bills and other family hardship often make it difficult for property owners to pay their mortgage, as well as property maintenance fees and taxes.  Fortunately, federal and state authorities, as well as banks and lenders, have enacted numerous programs to help struggling homeowners, and our attorneys are experienced in navigating all avenues of the mortgage modification, short-sale, and foreclosure defense process.

We offer a variety of audits of loan and mortgage documents.  A Chain-of-Title audit will reveal “robo-signing” or fraud committed by the lender, their servicing agents and their attorneys.  A Securitization Audit involves a review of pooling and servicing agreements and the debt collateralization process, through which many loans are sold by the lender to investment entities on Wall Street.  A Financial Audit will expose overcharges in the loan closing process, in violation of the federal Real Estate Settlement Procedures Act (RESPA) and Truth In Lending Act (TILA).  The results of our audits usually turn up numerous irregularities that tip the scales of justice in favor of the property owner, delivering important leverage for settlement negotiations.  Violations may also result in financial penalties imposed on lenders, payable to the borrower.

Where settlement of a foreclosure action is elusive, either due to the property owner’s extreme hardship or due to the lender’s bad faith, our attorneys are able to skillfully defend against foreclosure lawsuits and keep our clients in their property.  We represent clients in court-mandated foreclosure settlement conferences, and file substantial court papers to expose a lender or servicing agent’s lack of standing to sue or foreclose, and to further expose a lender’s bad faith in settlement negotiations.

We are also well versed in utilizing the short-sale and deed-in-lieu of foreclosure process to help our clients obtain advantageous results in an unfavorable situation.

President Obama has enacted the federal Home Affordable Mortgage Program (H.A.M.P.), entitling many homeowners to significant relief from mortgage debt obligations.  Many banks also offer “in-house” modifications, which can be structured in a variety of complex ways.  Our attorneys are experienced in the mortgage modification application process, which requires analysis of our client’s assets, income and expenses, and proper presentation of those financials to the lender. 

We are able to process mortgage modification applications on behalf of owners of a primary residence, condos & co-ops, second homes, investment properties, and commercial properties.  We have handled applications regarding defaulted loans as well as current loans, and also counsel clients in the process of reinstating a loan, payoffs and settlement.

The mortgage modification process can be very challenging for a borrower or property owner to successfully complete without the help of an attorney, as banks often try to avoid approving a modification based on technical flaws in an application.  Applying for a mortgage modification through The Hurwitz Law Firm will help simplify the process, avoid accrual of additional arrears, and ensure a favorable result.