Phone: (407) 497-2690

The Orlando Foreclosure Attorney

133 W Robinson St

Orlando, Florida 32801

Foreclosure Attorney C.W. Franklin

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Orlando Foreclosure Mediation Lawyer

Many of our clients ask us here at The Orlando Foreclosure Attorney, what is a mediation? How could it be a benefit to our case? Well for starters a Mediation is basically like a conference between the  homeowners and lenders to try and discuss ways to end the foreclosure. This type of mediation was instituted by the Florida Supreme Court in 2009 to battle the State of Florida’s rising Foreclosure rate. The cases which have mediation are reserved for residential properties.

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Why has the Bank or Plaintiff changed during the foreclosure proceeding?

Why has the Plaintiff or bank changed during the interim of the foreclosure proceeding? Once you miss two or three payments, your loan is relabeled as a “non-performing asset”. It is a fairly self explanatory term. If you are making timely payments, then your loan is a performing asset. Once you stop paying, your loan is non-performing and becomes riskier. Banks will lump non-performing assets and sell them to debt collectors or other banks. Just like a credit card company will sell your bad debt to debt collectors (bad in the sense that you are no longer making timely payments).

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Need Foreclosure Help? Odds are against you if you are not represented by a foreclosure lawyer.

Everyday millions of Americans are facing this obstacle but there are ways to fight back and keep your property.

First, gain knowledge on the basics of Foreclosure. Foreclosure is when the owner of this particular property cannot make the complete payment of principal or interest. After 60 days of non-payment, the loan begins to be classified as a “non-performing” asset. The bank / lender will then send a Notice of Intent to Accelerate. This letter is essentially demanding that payment at once of the total arrears or possibly the entire loan amount.

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In you want to save your home, stop paying unsecured debt! (i.e. credit cards, H.O.A.(home owners association, second mortgage and hospital bills)

REINSTATEMENT – If you truly want to reinstate your loan, then you need to be saving your money! This is NOT legal advice. However, to be completely honest with you, there is no reason to be paying any unsecured debt. Credit cards, doctor bills, second mortgages, home owners’ association fees. Your credit is already damaged. And all of these debts can be wiped out in bankruptcy! I am not saying that you need to file bankruptcy at any time.

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Conspiracy Theories of Mortgage Foreclosure – What does it mean when the mortgage note has been lost and the Plaintiff is a trustee?

First let me say, that the legal profession is highly regulated and these opinions are not necessarily the views of The Orlando Foreclosure Attorney or any attorneys thereof. These opinions are not meant to be taken as legal advise and are only intended to educate the public and open the legal professions minds to new arguments against foreclosure.If you need legal advice or legal representation, please call The Orlando Foreclosure Attorney. at (407) 497-2690 and speak to a successful foreclosure lawyer.

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Do you think your mortgage loan may have violated RESPA or TILA (Truth in Lending) disclosure rules? Can I rescind my loan and recoup my mortgage payments?

If you are looking for RESPA or TILA violations, you need to find someone who is familiar with these statutes. If the bank has violated RESPA or TILA, then you need to know that the remedies for these violations are statutory. Remedies for violations of RESPA and TILA can result in the bank being forced to pay fines or sanctions, to the harshest result being that the bank must rescind your mortgage contract and give you a refund of all the money that you have paid. There are also strict statutory time limits for bringing these counterclaims.

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Lost, Stolen or Destroyed Promissory Note? Stop Foreclosure! Make the Bank Produce the Original Mortgage Note!

Has the Bank alleged that the Note has been lost, stolen or destroyed? Then demand that they either produce the original Note! This can not be reiterated enough! This is incredibly important to fighting your foreclosure and staying in your home! Make sure you have an experienced foreclosure lawyer. We can give you a free consultation if you do not understand.

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Federal Home Affordable Modification Program (HAMP)

The Federal Home Affordable Modification Program (HAMP) is a program that was set up by the government to save home owners mortgage debt. This program is only designed for eligible home owners.

This program helps you the borrower lower your payment on your mortgage and gets the collectors off of your back as well. This program can be beneficial if you use it correctly. Here are some steps to follow when applying for the “HAMP” program.

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Make The Lender Produce the Note!

That’s right.. a Bank cannot foreclosure until they have produced the original note in Court!

If they have alleged that the original Note has been lost, stolen or destroyed then you should consult with an experienced foreclosure lawyer immediately! It may sound simple to demand that the bank to produce the Note, but this defense must be clearly and unequivocally articulated. Keep in mind that a Final Summary Judgment Hearing is only five minutes long, so you better be able to explain precisely what you are demanding.

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Orlando Foreclosure Defense Blog Page 2

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