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Beware of a Wrongful Foreclosure Action

Sometimes lenders foreclose on a home for all the wrong reasons.  Liggio Law does not focus its practice on foreclosure defense. Instead, we represent homeowners who have been harmed by lenders who wrongfully bring foreclosure actions.  We often do this by bringing a counter-claim against a lender who has brought an improper foreclosure action against a borrower.  

Lenders can bring wrongful foreclosure actions for many reasons.  For example, sometimes lenders holding a mortgage will make accounting errors where the lender’s records inaccurately reflect a homeowner has missed a payment or underpaid on a loan.  In other circumstances, lenders can make mistakes in accepting and processing a homeowner’s property insurance premium. When this happens, a lender might argue that the homeowner is in default for failing to properly insure the home.  A lender might also try to “force place” an insurance policy on the home, often at substantially higher premium, yet providing much less coverage than the original homeowners policy.

Whatever the circumstances might be, if you believe you have been harmed by a lender’s wrongful foreclosure, know that you may have a claim for damages.  Remember too, when a lender is bringing a foreclosure action, the lender must prove the amount due under the mortgage by competent substantial evidence. See Wolkoff v. Am. Home Mortg. Servicing, Inc., 153 So.3d 280, 281 (Fla. 2d DCA 2014).  

A lender, or any other plaintiff in a foreclosure action, typically proves the amount due under the mortgage “through the testimony of a competent witness who can authenticate the [lender’s] business records and confirm that they accurately reflect the amount owed on the mortgage.”  Id. This is important because under principles of due process, a lender must always prove its case when it brings a foreclosure action.  When a lender fails to prove its case, the homeowner may be the victim of a wrongful foreclosure.

Jason Cornell is a Florida attorney who represents homeowners who have been wrongfully sued for  foreclosure.  You can reach Jason at 561 616-3333, or jcornell@liggiolaw.com.

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