Foreclosure cases rarely get to trial as they are either settled via a loan modification or judgment is entered against the homeowner based upon documents presented to the Court. Despite this, it is of great importance that every document be closely examined to determine whether or not they are the actual documents used in the purchase of the property, that the signatures are those of the homeowners, that the documents are consistent with each other and that the account history is accurate and not just based upon numbers presented by a mortgage company that is different than the one suing you.
In a landmark decision on May 29, 2015, the Pennsylvania Superior Court affirmed the trial Court’s Verdict in favor of my client, a homeowner who had been the subject of a mortgage foreclosure lawsuit. The case is U.S. Bank N.A., et. al. v. Pautenis, 2015 Pa. Super 129 (2015). Foreclosure lawsuits are tough to win but after examining all of the documents presented by the mortgage company and challenged by me on behalf of the homeowner as well as hearing my client’s testimony, the Honorable Charles B Burr, III of the Delaware County, Pa Court of Common Pleas, properly concluded that the mortgage company’s documents were untrustworthy and, therefore and entered a verdict in favor of the homeowner.
It’s important to remember that just because banks are bigger it certainly doesn’t make them better at record keeping than you. It’s your right to question their figures and the process in which they are using to establish same. Their paperwork, in many cases, is just wrong. Had my client not contacted my office and pursued her rights, she might have already lost her house to the bank based upon incorrect amounts.
As most of you probably know, I have been fighting for the rights of homeowners for quite a long time. I do it because there’s nothing more inspiring than standing up to a bully—and that’s the tactic that most mortgage companies use. They bully the homeowner. They bank on the fact that homeowners will become frightened and overwhelmed and believe themselves powerless. That’s what my phone number is for! I have abhorred bullying behavior all of my life. The simple truth is that with most over-blown obnoxious bullies, when challenged, they lose their bluster. The key is to understand the facts and the way the process is supposed work.
I invite you to call me with any questions or concerns you may have regarding a threat of foreclosure.