How to Prevent Wrongful Foreclosure

Posted by Hecht Walker, P.C.
Posted on February 23, 2018

Like many legal processes, the process of foreclosure can be drawn out and complicated. A foreclosure is the action of taking possession of a mortgaged property when the mortgagor fails to keep up their mortgage payments. Few people actually decide to go into foreclosure; they can’t make their payments for various reasons, such as unemployment, inability to work due to a medical condition, excessive debt, divorce, moving to another state, etc. Also, like other legal processes, it can be easy for the lender, bank, or other consultant to be accused of fraud, which in this case would be called wrongful foreclosure.

What Could Be Considered Wrongful Foreclosure?

Foreclosure fraud, or wrongful foreclosure, can occur when any party involved in the foreclosure alters, deletes, or adds something to the official documents or whole procedure. One common instance of wrongful foreclosure is forging signatures, which happens when foreclosure processing companies submit the proper documents to courts that either have not been actually signed, or have a forged signature. Forging a signature is not only a very common act of wrongful disclosure and a breach of contract, but it’s also a criminal act in many circumstances. Another aspect of wrongful disclosure is when the lender does not follow state procedure. Every state has its own set of notice requirements, property rights, judicial sale procedures, and eviction rules.

How Can I Avoid Foreclosure Fraud?

Firstly, don’t ever forge a signature. If you are confused about what you’re signing or you don’t agree with the terms listed in a document, don’t sign it or ask your attorney or your bank for more information before signing. Also, be aware of the bank possibly forging signatures; one common way they do this is by robo-signing, or blindly signing documents without checking for accuracy. Also, once you begin the foreclosure process, make sure you’re fully aware of all state procedure that would apply.

The Attorneys at Law at Hecht Walker, P.C. are here to help you through your foreclosure in Atlanta. If you suspect a wrongful foreclosure during this process, don’t hesitate to contact our attorneys for assistance.

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