Ohio Foreclosure Defense Lawyers Can Help
The foreclosure defense attorneys at Doucet & Associates Co., L.P.A. have the proud distinction of winning two of the most important recent court decisions dealing with homeowners’ rights. Mr. Doucet wrote one of the most recognized books on foreclosure defense, 23 Legal Defenses to Foreclosure: How to Beat the Bank, and regularly trains other lawyers in this area. His law firm, Doucet & Associates Co., L.P.A. employs foreclosure defense attorneys who usually graduated at the top of their law school class, and our entire law firm is focused on helping people like you.
- Defending Foreclosure
- Ohio Foreclosure Process
- Loan Modifications
- Case Evaluations
- How To Prepare For Foreclosure
- Foreclosure Frequently Asked Questions
- Case Results
One of the landmark cases that Doucet won pertains to robo-signing mortgage assignments. That case is Slorp v. Lerner Sampson and Rothfuss. In that important decision, a federal court of appeal ruled that we could pursue a Racketeer Influenced and Corrupt Organizations Act (“RICO”) lawsuit against Bank of America, its law firm, and MERS for allegations that one of the law firm’s paralegals robo-signed a mortgage assignment in support of the bank’s foreclosure. This significant decision for homeowners changes the landscape of foreclosure cases on several levels, including on the very important issue of allowing homeowners to challenge the bank’s documents during a foreclosure lawsuit. We are very proud of this case because of the impact it will have on our client and homeowners throughout Ohio.
Our law firm defends foreclosure by looking at each case comprehensively. When we evaluate a foreclosure matter, we not only look at the most recent challenges faced by our client in working out a resolution with their mortgage company, but we also look at the loan closing and loan history to determine whether other defenses or claims may be available. We look for violations of TILA, RESPA, and other consumer statutes like HOEPA and the FDCPA. We approach foreclosure defense holistically, looking at the big picture of what our client wants to achieve, then all of the individual parts of the loan transaction to craft a strategy to meet that objective. In our experience, raising multiple issues in a foreclosure lawsuit usually results in better leverage with the bank to reach a favorable resolution, and our law firm is well positioned to help. We have found that greater pressure means better results.
Our foreclosure defense clients come to us seeking a variety of results. These include loan modifications, short sales, loan reinstatements, deeds in lieu of foreclosure, short refinances, or to simply walk away from the property without liability. We have experience in helping with each of these goals. For most of our clients, they have tried tirelessly to reach a resolution directly with their mortgage company for weeks or months before calling us for help (or a lawsuit has been filed). However, exhausting your options before calling us is not necessary, and we usually like to become involved with a case before a foreclosure lawsuit is filed (it allows us to evaluate whether to sue first). We welcome cases at all points of litigation, including appeals, and look forward to learning about your matter. We have an excellent track record of meeting our clients’ objectives, and have a variety of tools at our disposal to make those objectives a reality. Call us today at (614) 944-5219.
Our initial calls are an excellent starting place for people facing foreclosure to get information tailored to their individual situation. Call (614) 944-5219 or schedule online. Here are some other resources that may be helpful to you:
If you want to mediate your dispute in Ohio, you must file a request with the court to protect your rights and prevent the bank from trying to secure a judgment without notifying you. While some courts have automatic stays in place to protect you once you request mediation, we do not recommend you relying on this. We recommend you be on record with the court indicating your desire for mediation.
Click on this link for the Franklin County, Ohio form to request mediation.
Requesting mediation in some Ohio counties will automatically extend the deadline for you to respond to the foreclosure lawsuit, so we recommend filing this request if you are proceeding without an attorney. However, be aware that some claims you could bring (TILA rescission, for example) have statutes of limitations that could run out, so seeking the advice of an attorney quickly is advised.
We recommend having your loan evaluated by a knowledgeable attorney before meeting with the bank in mediation, preferably as soon as you know you may be facing foreclosure. Meeting with an attorney will give you a better idea of what your defenses are (potentially creating leverage for you). Also, meeting with an attorney will give you an idea of what you qualify for under HAMP. While some banks and some attorneys will go to great lengths to help you in mediation, others are notorious for being difficult, unknowledgeable, and inefficient.
As a general rule, you should never trust a bank’s offer unless it is in writing. Also, many banks will not stop the foreclosure from proceeding even when you are trying to work on an agreement directly with it. This can create serious legal hurdles for you later, and is another reason why you should consult with an attorney as soon as you think you are at risk for foreclosure.
Ohio Save the Dream
Ohio has an excellent website that provides information for those facing foreclosure. It provides information about budgeting, job loss, and sources of help. It also includes a referral service to locate local attorneys in Ohio who may be able to help. If you are low income or have no income and want to be referred to a legal aid organization for potentially free assistance, this is a great website to start your search. Their telephone number is 888-404-4674.
Local HUD Approved Housing Counseling Agencies
This website lists the Department of Housing and Urban Development’s (HUD) approved housing counselors across the United States.
Lost Job Website
If you lost your job, here is a website that offers some basic helpful information.
Columbus, Ohio Home Repair
If your home needs repair and you qualify, the City of Columbus, Ohio may be able to provide you free repairs. This program can replace furnaces, fix plumbing, roofs, and other livability issues at no cost to you. Click on the link to learn more.
Ohio’s Attorney General Complaint Line
We always recommend filing a complaint with your state’s attorney general if a company is trying to take advantage of you, whether it’s in foreclosure or with some other consumer issue. The attorney general’s office compiles these complaints and then decides on which entities to sue based on the number of and severity of the violations consumers report. This is a link to Ohio’s Attorney General.
FTC – Federal Government
If you would like to also complain to the federal banking regulator overseeing your bank or financial institution, these websites give you access to do so, or the names and addresses of the agency overseeing your bank. Generally, we recommend filing your complaint with the attorney general and then these agencies.
Tenant Rights Information
If you are a tenant and your landlord is in foreclosure, you have rights. A new federal law requires any party purchasing the home give you 90-days notice if they intend on evicting you. You might also be able to stay until the end of your lease. Click on the link to learn more.
Consumer Action Handbook
This 172 page handbook covers a host of different consumer related issues. It is published by the federal government and is free to download and order online. The areas covered include buying a car or home, preventing identity theft, understanding credit, and filing a complaint.
Book: 23 Legal Defenses to Foreclosure by Troy Doucet
Attorney Troy Doucet published 23 Legal Defenses to Foreclosure in 2008 that is given to new clients. This book breaks down 23 powerful foreclosure defenses into easy-to-understand chapters. Each chapter is packed with useful information that you can use directly in court in any state. The book includes: legal letters, forms, motions, an “Answer” to the lawsuit, and sample discovery to get damaging information directly from the bank. It includes recommended strategies for fighting foreclosure, and checklists that make this book easy enough for anyone to understand. Each chapter incorporates a section of the possible damages available for each defense – including how to cancel the loan and get a refund of all money paid to the lender. Defenses include TILA, HOEPA, RESPA, FDCPA, FCRA and more.
The Legal Aid Society of Columbus provides documents regarding foreclosure lawsuits and court information. There are free directions on how to respond to a foreclosure complaint and sample documents for requesting mediation, motion for extension of time, and a common pleas answer.