Mortgage mess could allow foreclosure defense lawyers to help Miami homeowners who have lost homes to foreclosure

The mortgage mess that is grinding the foreclosure process to a halt in Florida is a big deal and it is likely to get much bigger. Essentially, the charges are that banks and a few select law firms that represent them, have acted so improperly that you may have a claim to get your house back. In most cases, the banks cannot even prove they own the home, paperwork has been lost, and mortgages have long since been sold as investments.

Our Miami foreclosure defense lawyers have been encouraging struggling homeowners to contact us if they want to help stop foreclosure in Miami. As the extent of the “robo-signers” scandal becomes more and more evident, those who have lost homes in South Florida in the last four years may have a means of seeking a recovery. Even if you don’t get your house back, you may be able to negotiate a waiver of any deficiency judgments.

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A Palm Beach County judge has ruled that Attorney General Bill McCollum lacks standing to file a subpoena against a Boca Raton law firm under fire for its work on behalf of banks in handling South Florida foreclosures.

The Miami Herald said the ruling blocks, for now, the growing investigation into the firm’s foreclosure practices.

At issue is the work done by several law firms on behalf of banks. Attorneys fighting for homeowners have successfully argued that those signing off on thousands of foreclosure cases on behalf of banks and their law firms have no way of proving ownership. Most mortgages, after all, have long-since been packaged and sold as investments.

While lawyers on behalf of Marshall Watson, Shapiro and Fishman, one of the law firm’s whose work on behalf of banks has come under heavy fire, hailed the judges ruling and called for an end to the state investigation, the Florida Attorney General’s Office said it was considering its options, including an appeal.

The Attorney General has accused the law firm and two others of using fraudulent documents to speed up the foreclosure process. Meanwhile, GMAC, JP Morgan Chase and Bank of America have halted or slowed the foreclosure process in dozens of states after bank employees admitted to signing thousands of documents without knowing details of the case.

Florida leads the nation in foreclosure filings with more than 400,000 cases this year alone.

If you need help with foreclosure issues in Miami or the surrounding areas, including short sales, deficiency judgments, strategic defaults or other help for Miami homeowners, contact Barakat, Jacobs & Associates for a confidential appointment to discuss your rights. Call (305) 350-5055.

Judge halts foreclosure probe – 10-05-2010 MiamiHerald.com.pdf