Last month I posted about our successful strategic foreclosure defense model. This model was developed by my mentor Neil Garfield over decades and has been utilized by pro se homeowners and the attorney’s we help with Litigation support services across the country. It has resulted in our being able to save thousands of homes in every state in our great country. It is no wonder we have such a large following of over 5,000 subscribers while our detractors can only muster a couple dozen.
Sometimes wins can take several forms. A win for us could be successfully defending a foreclosure for over a decade while keeping the home. It could be a loan modification accepted after rejecting the first 2 or three unacceptable offers by the bank. Some of our clients receive a valuable offer to modify the mortgage after pretend servicers realize that our foreclosure defense tactics made through Qualified Written requests, Debt validation letters, Temporary restraining orders and pro active foreclosure defense litigation will not allow them to foreclose.
And sometimes our wins take the form of the mortgage actually being voided as in the case of our latest win in Florida and attached here. In this latest win we crafted the strategy and narrative for litigation based on Florida’s statute 817.535. The statute is defined below and most states have similar statutes so reach out to us if you need help in any state with Foreclosure defense.
Florida Statute 817.535 prohibits the unlawful filing of false documents or records against real or personal property. The statute was adopted in 2016.
The statute defines “file” as presenting an instrument for recording in an official record. The standard jury instruction for this statute includes the following elements:
- The defendant filed or directed a filer to file an instrument
The statute creates a civil action for anyone adversely affected by an instrument filed in an official record that contains a material false statement. This civil action applies regardless of whether criminal charges were pursued against the offender.
Violating section 817.535(2)(a) a second or subsequent time is a second degree felony.
And remember, these types of cases are not won without litigation which can be expensive but if it means saving your home, it can be worth it. And in this particular case not only did the homeowner save their home, they had their mortgage canceled by the court!
Need help in assessing your case? Does your attorney need our help? Use our services to help guide you through the process early enough to avoid mistakes that can cost you your home in an illegal foreclosure action. Call our office today at 844.478.6774 to inquire if we can help. You can also submit a case statement here and get a complimentary recommendation as to your best course of action.
FORECLOSURE DEFENSE IS NOT SIMPLE. THERE IS NO GUARANTEE OF A FAVORABLE RESULT. THE COMMENTS ON THIS BLOG AND ELSEWHERE ARE BASED ON THE ABILITY OF A HOMEOWNER TO WIN THE CASE NOT MERELY SETTLE IT. OTHER LAWYERS HAVE STRATEGIES DIRECTED AT SETTLEMENT OR MODIFICATION. THE FORECLOSURE MILLS WILL DO EVERYTHING POSSIBLE TO WEAR YOU DOWN AND UNDERMINE YOUR CONFIDENCE. ALL EVIDENCE SHOWS THAT NO MEANINGFUL SETTLEMENT OCCURS UNTIL THE 11TH HOUR OF LITIGATION.
But challenging the “servicers” and other claimants before they seek enforcement can delay action by them for as much as 14 years or more. In addition, although currently rare, it can also result in your homestead being free and clear of any mortgage lien that you contested. (No Guarantee).
Yes you DO need a lawyer.
