Abby Lopez of West Palm Beach found herself in a foreclosure trial, where even the bank was unsure who owned her home. Lopez bought her home in 2006 for $608,715. In September 2009 she was served with foreclosure papers. The trial that is now underway has proven just how faulty the paperwork of banks can be when it comes to mortgages. Emails have surfaced that prove bank officials are unsure if the bank that served the papers (Bank of America) actually owns the mortgage. HSBC Bank USA is the bank that is listed as the trustee that is foreclosing on the home. As many mortgages before, Lopez’s mortgage went straight to the Mortgage Electronic Registration System, which is now under investigation for keeping accurate records of mortgages.
In the emails, bank officials also discussed ignoring the lack of knowledge of mortgage ownership due to extra court fees that would be applied to change the plaintiff in the case. Lopez’s attorney said he is not expecting to win the home back for his client, which is now valued at only $189,343. However, he is determined to ensure that the correct party forecloses on the home.
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Choosing the right attorney can make the difference between whether or not you can keep your home. A well-qualified attorney will not only help you keep your home, but they will be able to negotiate a loan that has payments you can afford. Foreclosure defense attorney, Timothy Kingcade has helped many facing foreclosure alleviate their stress by letting them stay in their homes for at least another year, allowing them to re-organize their lives. If you have any questions on the topic of foreclosure please feel free to contact me at (305) 285-9100. You can also find useful consumer information on the Kingcade & Garcia, P.A. website at www.miamibankruptcy.com.