Mortgage Securitization

When the housing bubble burst a number of years ago, there was much talk about whether mortgage securitization was to blame. However, what mortgage securitization actually entails was rarely explained.

In essence, mortgage securitization happens when banks or other lending institutions take on a certain amount of mortgages, then proceed to sell those mortgages to investors, insurance companies, hedge fund managers and others. This can cause complications when trying to determine who is actually the holder of the mortgage. This is important because only the mortgage owner can begin the foreclosure process on a home.

Providing Florida Homeowners With Foreclosure Defense

At The Andres Lopez Law Firm, our Fort Lauderdale attorneys have extensive experience handling foreclosure defense cases on the behalf of homeowners. When it comes to foreclosure cases, the actual mortgage owner must be the one who initiates the foreclosure process.

In some cases, determining who is the actual holder of the mortgage is as simple as matching up the names on various lending documents and court filings. In some instances, an investor or the subsidiary of a trust may be able to initiate a foreclosure. When this happens, the name will not always match the name of the lender and it is not uncommon to have three parties involved in a foreclosure action. However, because the mortgage securitization process can involve the buying and selling of mortgages many times over, often by large institutions which buy these securities in bulk, tracing the actual owner can be difficult.

It may be possible to defend against a foreclosure action if the chain of transfer of the mortgage was not properly followed or if the party who is attempting to foreclose does not actually hold the mortgage to the property. Another potential defense can be raised if the bank is found to have misapplied the mortgage payments. Our lawyers will thoroughly review the circumstances of your situation to determine if we can put an end to a foreclosure action, or at least put you in the position to seek a modification to your mortgage payments or enable you to go through with a short sale.

Contact Our Lawyers if You Are Facing the Threat of Foreclosure

To arrange a consultation with an experienced foreclosure defense lawyer, contact The Andres Lopez Law Firm today at 800-785-1738 or fill our online form. We answer the phone 24/7, and we offer evening and weekend appointments upon request. Se habla español.