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Sudden law firm closure means many foreclosure dismissals

Much of the time, when a homeowner escapes foreclosure it is due to his or her attorney finding that the lender made a technical error that violated the homeowner’s rights, or because the parties reached a settlement. It is not realistic to hope for a miracle, but that seems to be what happened for thousands of people across the country, including many Florida residents.

A law firm that represented banks in thousands of foreclosure cases suddenly went out of business in June, WFTV-TV reports. With as many as 60,000 cases still pending, the fate of all those property owners is not clear, but already some homeowners have seen the cases against them dismissed.

WFTV describes the experience of one such homeowner. The man’s attorney says that when he went to a recent hearing, nobody from the shuttered firm showed up. Without anyone representing the bank, the court dismissed the foreclosure claim. The attorney compared the situation to when a motorist fights a traffic ticket and the police officer does not come to court to testify.

However, this has put the status of the home in legal limbo. The homeowner has tried to pay the mortgage, but the bank is not accepting payment. For now, the man is living in his house for free, and hopes to modify the mortgage.

This is indeed an unlikely way for a homeowner to prevail against a foreclosure action. However, a creative and knowledgeable foreclosure defense attorney will use every available means to try to save his or her client’s home.

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