Bank-Induced Default: The Next Wave of Foreclosure Defense
How many cases can this impact? As I see it, thousands. Maybe tens of thousands. In my experience, there are untold thousands of homeowners who were induced to default under promises of a loan modification, and all such homeowners can use this argument to not only contest foreclosure, but to ask that they be returned to the position they were in at the moment the homeowner stopped making payments. That means not only that the bank can’t foreclose, but that all late charges, default interest, and attorneys’ fees are eliminated, and the homeowner can resume making normal, monthly mortgage payments.
One notable aspect of the Second District’s ruling … the fact that three years has passed without the homeowner making monthly mortgage payments is not relevant. Think about that for a minute. There’s no obligation to get current. Just begin making payments again, as if it were three years ago.
Can this concept work for everyone? Undoubtedly not. Many homeowners were not the victims of “bank-induced default.” But many were. And now that we have precedent from a Florida appellate court, it’s time to start pushing the envelope on this defense, over and over again.
Any homeowner who was duped to stop making payments under the auspices of a loan modification (only to ultimately realize the modification never came) … I can’t guarantee this defense will work, but you sure as heck better try. And if you want to bring your case to my firm, then, well, I hope you see I’m well-versed in the argument.
Copy to the link of the opinion below…