It’s true. A foreclosure case can be dismissed. Florida foreclosure attorneys at Florida law firms have been successful in dismissing pending residential foreclosure cases in the state of Florida. Using knowledge, experience, and perseverance, defense attorneys can have foreclosure cases dismissed.

The Internet provides access to a wide variety of information, documentation, and views on every possible problem imaginable. Harmonizing that ability with reality allows even an unrepresented borrower the opportunity to be successful in defending a foreclosure case.

Dismissals from foreclosure proceedings can be the result of several different methods of defending foreclosure actions and prosecuting claims against the bank for veracity in unfair and deceptive loan violations and business practices, among other reasons. Of course, lucky customers are always delighted to hear about the success of these “Florida Foreclosure Fighters” in their respective cases. After receiving a copy of the layoff, homeowners are certainly excited about the news.

Using the right of termination pursuant to the federal Truth in Lending Act, among other legal arguments, attorneys and legal advocates can discreetly compel the plaintiff to dismiss the case against their clients. In this case, if a borrower is unable to obtain or pay for legal representation, the pro defendant can access information related to the truth applicable in the lending laws to his particular situation.

Form rescission letters are generally and widely available on the Internet or at a local law school library. These forms generally contain guidelines for applicability to a particular situation. Of the dismissed cases, several issues included foreclosures initiated by the former Indymac Federal Savings Bank, now owned and operated by One West Bank. Part of the foreclosure defense team discovered loan errors and miscalculations during the law firm’s loan review and audit. If you have refinanced your primary residence in the last three years to an adjustable rate mortgage, you should consider a careful and professional examination of your loan documents. Again, software programs are available for download on the Internet to review and examine loan documents.

However, this process is a bit more complex if the pro se litigator is unfamiliar with mortgage terminology and identifying the loan documents necessary for the process. However, there are services that are quite inexpensive to obtain loan examination results. In other cases, persistent and patient defense of the foreclosure case can lead to the case being dismissed at a state conference and / or a good cause hearing before the presiding judge if the bank fails to advance the case in a timely manner. In cases, such as the aforementioned matter, where the defendant is able to defend the case for an extended period of time, the judge is often frustrated that the case does not advance on the court calendar. In such a case, the court may dismiss the case because the bank did not process the case on time.

Common problems and issues that existed in these cases included loans that were transferred and assigned through various parties and ultimately to a “trust.” Foreclosure cases filed by these unknown trustees create many legal and procedural problems that the plaintiff must overcome in order to successfully complete the foreclosure. With the emergence of robosigning problems, defenses in these cases have become more successful. Investigating the existence of loan trusts is also easier on the Internet.

There are helpful websites, such as Edgar Online, to illustrate where to look and what information to examine. These websites provided access to databases of information and documentation necessary to file and maintain these trusts with the Securities and Exchange Commission. The borrower needs to use the Internet as a research tool to learn and obtain useful information in dealing with a foreclosure case. However, be careful with the information on these sites because the views may sound great, but they are not a legal reality. Seeking the help of an experienced attorney is always a better option, and more attorneys provide these services at an affordable price.