Foreclosure Defense: Lack of Standing
There are legitimate defenses to home foreclosure, starting with the most basic question: Does the mortgage company even have legal standing to bring a foreclosure action? Surprisingly often, the answer is no. If your mortgage loan has passed hands since you bought the house, that third party probably does not have the original note and other documentation of full and proper transfer.
If you are threatened with losing your home, the experienced foreclosure defense lawyers of Atlas Consumer Law can intervene. We have successfully thwarted foreclosure actions by demonstrating the lack of standing on the part of the plaintiff. You do have rights in this adversarial process - we know how to assert them!
Contact us today online or by telephone at (312) 313-1613 to speak with an experienced Chicago foreclosure attorney.
Lack of Standing as a Foreclosure Defense Strategy
After you obtain a home loan, that loan can be sold to a third party without your input or consent. Many mortgages have been sold and re-sold many times over. More often than not, the original bank or lending institution is not the named plaintiff in a foreclosure action. Unless the plaintiff can prove that it is the proper holder of the note and mortgage, that plaintiff lacks standing to initiate foreclosure.
Mortgage companies are famous for making homeowners jump through hoops, demanding verification of this and that. When pressed in foreclosure litigation, however, those same companies frequently can't locate - or never possessed - the original loan documents. The more times the mortgage has been bought and sold, the more hopelessly messed up the chain of paperwork.
The Illinois Supreme Court has unequivocally stated that "in Illinois, lack of standing is an affirmative defense"* to foreclosure. Consequently, a successful challenge to standing essentially brings the plaintiff's foreclosure claim to a crashing halt. Furthermore, the mortgage company cannot simply pick up where it left off if it suddenly produces the original note. The plaintiff will have to start from scratch to properly establish standing for foreclosure.
Contact Us: Mortgage Litigation Attorneys
Our award-winning lawyers can skillfully counter the legal arguments that mortgage companies will typically offer. For example, a mortgage note endorsed in blank ("Pay to the order of ____") does not automatically confer standing from the original lender to the new entity. The entity seeking foreclosure must still produce the original note.
Atlas Consumer Law enforces your rights and holds lending institutions accountable under state and federal mortgage laws. We exhaust every defense to save your home. At a minimum, asserting your legitimate defenses will force the lender to (a) take you seriously in negotiations or (b) start the foreclosure process over. This buys you time to catch up on arrears or pursue options such as loan modification, short sale, or bankruptcy.
*Greer v. Illinois Housing Development Authority, 122 Ill. 2d 462, 494 (1988).
E-mail us today or call (312) 313-1613 to speak with an experienced Chicago foreclosure lawyer.
Hear From Our Satisfied Clients
Reviews & Testimonials
At Atlas Consumer Law, your satisfaction is our priority! See for yourself what our clients have to say about working with us.
-
I had absolutely NO exceptions going forward with my lawsuit against a company that harassed me for payment! I was at the ...
- Pam S. -
Everyone at Atlas was so willing to help and so responsive. I'm so grateful for the work they put in on my case! Would highly ...
- Stephanie M. -
THEY GOT RESULTS FAST FAST FAST!!!
- Jake B. -
Atlas consumer Law is amazing and they have the CAN DO attitude and will do anything to get the job done.. I highly recommend ...
- Donnie P. -
The Atlas Consumer Law Group is Awesome. They promptly took care of my issue with a creditor who tried to ignore my rights as ...
- Belinda W. -
I am absolutely AMAZED at this law group! I started a case in March and got it solved in early May! The debt collector was ...
- Aline G. -
Atlas helped us within 6 months more or less and they were an awesome team. I would definitely recommend Atlas Consumer Law ...
- Llyod G. -
When you need the law on you side call Atlas!
- Arlene B.
Meet Our Team
-
Ahmad T. Sulaiman Managing Partner
-
Omar T. Sulaiman Founding Member
-
Mohammed O. Badwan Head of Civil Litigation
-
Nathan C. Volheim Attorney
-
Marwan R. Daher Attorney
-
Nasim Ghebari Director of Case Investigations
-
Eric D. Coleman Attorney
-
Chad W. Eisenback Attorney
-
Alex Taylor Attorney
-
Travis P. Lampert Attorney
-
Sophia Steere Attorney