Homeowner Wins in New York
The high number of foreclosures that are facing homeowners these days can be very scary for those people who are looking to buy a home of their own. They are overly cautious because they do not want to find themselves in this same awful situation. As hopeless as it sounds, there is new hope for those homeowners who are in danger of facing foreclosure. Some people are even saying that homeowners are the real winners right now because the tides are changing in the mortgage lending industry. Here is a story that will let you know just how important it is to make informed decisions especially when fighting your way out of foreclosure.
For instance, in this case US Bank decided to foreclose upon the home of the Friedmans. US Bank sued the Friedmans, making them the plaintiffs of the case and putting all of the burden of proof on them when they went to court. The bank failed in their burden of proof, failing to show the court that they were in possession of the original endorsed note when they began the foreclosure action. In a turn of events that does not seem to happen for homeowners, the court went ahead and dismissed the action on the grounds that they did not meet their burden of proof.
In most cases, the judge actually ignored the defendant along with ignoring due process. Why does this happen so often? This typically happens because the homeowner is often both uneducated and uninformed about the rules of evidence and the court procedures. If you are going against a big bank to defend your home from foreclosure, it is crucial that you do your research. Learn everything that you can about the Rules of Civil Procedure in your state as each state has their own nuances in these rules because this will make a huge difference in how your case goes. You can also find cases in the form of the Memorandum of Law. There is a lot of research out there for you to look at to help you during this difficult time. There are also numerous organizations that are willing to help you avoid foreclosure but be sure to watch out for only the most reputable of them. There is also legal aid available that can help you understand the laws and even help fight the case for you in court.
There are few things that are just as stressful as going through a foreclosure. Your home is more than just a house that you have furnished with your personal belongings. A home is where you make memories and grow as a person or a family. There is nothing more important to us than our home. If we lose that, we can be lost and feel desperate. Therefore, it is important that you put in the work to become educated on the process so that you can fight for your home to the best of your ability.Forclosure Defense Attorney