Over the last three weeks, we have had three different foreclosure cases that were set for trial in which the bank has agreed to voluntarily dismiss the foreclosure actions. This has been a nice string of victories for our homeowner clients.
First case - a foreclosure action on an FHA-backed mortgage. We alleged that the Plaintiff failed to comply with the federal requirement to invite the borrower to an in-person face-to-face meeting. We moved for summary judgment on this basis. The day before the summary judgment hearing, Plaintiff files a voluntary dismissal of the foreclosure.
Second case - a foreclosure action on a reverse mortgage. Client's mother executed the reverse mortgage and we represented the daughter and only heir. Plaintiff was going to have issues proving that the endorsement on the original promissory note was entered onto the note prior to the inception of the case. Approximately one week prior to trial, Plaintiff files a voluntary dismissal of the foreclosure action.
Third case - a foreclosure action in which the Plaintiff had issues with its standing to foreclose and also mailed the default letter to the wrong address. About a week before trial, Plaintiff agrees to voluntarily dismiss the foreclosure action.
We are very proud to have achieved these favorable results for our homeowner clients. Anyone who tells you that you can't beat a foreclosure simply doesn't know what they are talking about.
Thanks for reading and I hope you have a great evening.
Foreclosure defense attorney