Improper Foreclosure Pleadings
Did the Bank Make an Improper Foreclosure Pleading?
An improper or false pleading occurs when a lender or lien holder (the plaintiff) makes a false plea regarding a foreclosure. There are numerous possible improper pleadings such as:
- Plaintiff is using fraudulent information
- Plaintiff is not the owner of the promissory note ( alphabet problem/chain of title)
- Claims an incorrect amount is due on the mortgage
- Documents necessary to prove plaintiff’s claim do not exist or are unavailable ( produce the note)
- Plaintiff does not have the standing to bring the action
In many cases, a foreclosure can be stopped by carefully examining the documents and parties involved. The majority of foreclosures are brought incorrectly against the property owner. If we find that the bank or lien holder has intentionally or negligently brought a foreclosure by improper pleading, we will use that as a defense.
At EV Has, LLC, we force lenders and lien holders to prove their claims against property owners by bringing specific defenses against the foreclosure. When applicable, we will countersue the lender as well. To schedule a free initial consultation with one of our lawyers, please call 312-775-0980 today.
