No one wants to lose their home in a foreclosure, but many homeowners feel hopeless and powerless when facing up to a large financial institution, with its extensive financial and legal resources.
Your home is probably your most significant asset, and the meaning of the home to you and your family goes far beyond its monetary value. It symbolizes security, the ability to care for the ones you love, and your achievement in the pursuit of the American Dream.
Don’t give in to foreclosure without a fight. There are many ways to defend against the loss of your home. As soon as you find yourself in trouble with your mortgage, contact an experienced mortgage litigation defense attorney who specializes in this specific area of law.
At Dilks Law Firm in Little Rock, Arkansas, our bankruptcy attorneys represent homeowners who are victims of unfair, fraudulent, and predatory lending practices, mortgage fraud, or unfair foreclosure in litigation with lenders and mortgage servicers. We limit our practice exclusively to the law of indebtedness and have an intimate and detailed knowledge of the law pertaining to lending, mortgages, and stopping foreclosures. If there is a way to protect your home, we will find it and take your case to the courts.
Contested foreclosures: We will work to get your contested foreclosure into the court system to avoid the pitfalls of an Arkansas non-judicial foreclosure and will seek an injunction to stop the proceeding to buy you additional time. We will then raise any appropriate claims and defenses including fraud and predatory lending and violations of federal and state fair lending statutes. In some cases, we can allege lack of standing to enforce the note and mortgage, for example when a forged or “robo-signature” is used in the transfer of a mortgage from the original lender. We will also look for defects in the content and service of the Notice of Default, which could stop the foreclosure. We will raise the defense of failure of the lender to negotiate in good faith with a borrower who has made a timely request for a loan modification or short sale approval.
Lending Discrimination: Lending discrimination based on race and other protected classes is illegal and a violation of state and federal fair housing acts. We litigate discrimination claims by borrowers against mortgage lenders, including those who have engaged in “reverse redlining,” which is the targeting of minority borrowers in order to charge them higher origination fees and interest rates than non-minorities would pay.
Mortgage Fraud: We litigate cases where borrowers have been victimized by mortgage fraud, for example “bait and switch” schemes in which clauses increasing the amount of the loan or creating other unfavorable conditions for the borrower are inserted into mortgage documents with a forged signature.
Foreclosure Protection Scams: There is never a shortage of unscrupulous people willing to prey on others for their own enrichment, and the mortgage crisis has brought them out in large numbers. Scammers offer to provide foreclosure protection services for an upfront fee, and then do nothing. The desperate homeowner drawn into the scam loses the home and an additional amount of money paid to the scammer. We file suit to recover damages from those who perpetrate these fraudulent mortgage-related schemes.
At Dilks Law Firm, we understand the importance of home ownership to most Americans. Fair and honest lending practices are essential to individuals and families who want to buy and keep a home. When lenders and others engage in unfair mortgage practices or are quick to foreclose unfairly, we are here to fight for your rights, your home, and your future.
Call Dilks Law Firm in Little Rock today to schedule a free consultation with mortgage litigation attorney Lyndsey Dilks to learn what legal options you may have in any mortgage-related dispute with your lender.