Terrence Michael NolanChapter 7 Bankruptcy AttorneyBaltimore, MD ·
In Maryland, where I practice, they would have to have the signed mortgage note, if you made the Statute of Frauds a defense. I strongly suggest that you consult with a local attorney licensed in your State, (perhaps selected from the website resources) with experience in this area of law, to offer a free initial consultation and perhaps assist with the process. If this information was helpful to you, even if you do not like or agree with the advice, please let me know by clicking on the “Helpful” or “Best Answer” button. Good luck!
In a perfect world, yes. In out experience these are difficult and uncertain cases to litigate and unless you have significant value to protect and deep pockets, this is probably not the hill you want to die on.
He in Washington State we have the Foreclosure Fairness Act mediation program and while certainly not perfect, it is the best opportunity to save your home.
I would suggest you reach out to an experienced foreclosure Defense Attorney (not just a RE attorney) to find out what your options are in your state. I would cation you about purchasing any audits or other services unless you are advised to do so. It can be a waste of money. Your attorney will look at your unique situation and develop a strategy that makes sense for you based upon facts, statute and your capacity.
Proceed with caution and don't believe everything you read on the internet. Get professional advise and if s/she tells you that you should not sue, he is probably right despite what you may have been told otherwise. Banks have deep pockets.
Good luck and remember you are worth more than your house!
