A story out of Atlanta shows that sometimes good things can happen to people who are struggling with foreclosure. This situation could potentially happen to anyone, including those undergoing a Miami foreclosure, but it doesn't happen often. Those fighting foreclosure or dealing with a home loan modification, short sale or strategic default, are always best served by seeking qualified legal help.
When police and movers hired by a bank arrived to the house of Vinia Hall and took a look at the frail 103-year-old woman and her 83-year-old daughter, they couldn't do it. They turned around and left.
After getting pressure from community activists and the news media, JPMorgan Chase, which is administering a second loan on the house that was taken out in 2002, agreed to work out an arrangement to keep them in the house.
This is great news for these women, but this is far from a common situation. Many families throughout Miami and nationwide have seen the same movers and same law enforcement personnel not turn away and proceed with eviction procedures. Miami foreclosure defense lawyers know that this can be a devastating situation in a person's life.
Parents are frustrated and worried, and the children in turn become emotionally drained because they expect their parents to be in control. And yet, they may find themselves helpless and homeless. It has happened to millions of people nationwide in the last five years.
That's why our lawyers believe that fighting back is the best option if you are struggling with foreclosure in Miami. It's obvious the banks are heartless. They paid to evict a 103-year-old woman. If not for the movers and law enforcement officers, the homeowners likely would have been homeless by now, right in the thick of winter.
Court records showed that in 2002, the woman's grandson got a second mortgage on the house from Deutsche Bank National Trust, a loan that was taken over by JPMorgan Chase. The grandson is listed as the home's owner, though the grandmother has lived there for decades. Seven years after the loan was made, the bank foreclosed.
The grandson fought the foreclosure while the women lived in the home. Politicians and community activists fought beside the women and contacted Chase on their behalf.
It's obvious from this story that if you are unsuccessful in fighting a foreclosure, it takes a lot of people by your side and some generous police and movers to ensure you don't get kicked to the curb. And if you're not 103, that may not happen.
Fighting a foreclosure is complex and it isn't easy, but it can be done. Some common ways to fight back against lenders in a Miami foreclosure is to look at the documents.
News reports have shown that banks are still using robo-signed documents, meaning contracted employees who know nothing about a person's case are signing documents for bank officials with no knowledge of whether the paperwork is accurate. Banks have fabricated documents to try to prove they should be able to foreclose on a house, even when they have little proof. They also often can't prove who owns the loan, another necessary step to foreclose.
If you're battling foreclosure in Miami or the surrounding areas, contact Jacobs Keeley for a confidential appointment to discuss your rights. Call (305) 358-7991.
More Blog Entries:
103-year-old woman won't be evicted from Atlanta home, by Mark Davis and Angel K. Brooks, The Atlanta Journal-Constitution