A new defense strategy by lenders is targeting a growing number of low-income seniors. It involves suing to foreclose on government-guaranteed home loans under various defaults, then fast-tracking the lawsuits by filing motions for orders to show cause. These motions shift the burden of proof to the borrower, requiring them to appear in court and explain why a judge should not grant final judgment against them.
“All of a sudden, we saw a spate of foreclosures where the mortgage companies alleged the seniors no longer lived in the home,” said Gladys Gerson, supervising attorney for Coast to Coast Legal Aid of South Florida’s senior unit. “This has been happening around the state.”
A dozen more cases statewide have appeared targeting low-income seniors. Florida is ground zero for issues involving seniors, but experts believe this tactic is likely to spread to other states.
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