Many of us are very familiar with the concept that borrowers were urged and assisted in the last decade to mortgage homes in purchases or refinances under circumstances where unscrupulous lenders knew the homeowners) could not pay or sustain payments under that loan before the loan was ever closed. The lending industry, of course, over time then had to deal with the “melt down” that resulted from those practices.

Now, a different level of predatory behavior is taking place in the later stages of that phenomenor; during the foreclosure proceedings themselves. Many lenders assume that the vast majority of homeowners going through foreclosure have no capability to retain or recruit a capable law firm to filter out additional claims for reimbursement or collection of sums due under the mortgage being foreclosed, a huge waive of deceptive and ourrightly privolous claims are finding their way into the enforcement of mortgages against people’s homes.

Interest claimed without lender entitlement, expenses such as taxes, homeowner’s insurance premiums, “inspection” fees, trumped up foreclosing attorney’s fees and the like are being thrown into the allegations of what is due under the mortgage. Without proper representation, many of these items are going undetected, the net result being that they are eating into what may remain as equity that the homeowners) may be entitled to after a foreclosure sale.

Other false practices are showing their ugly heads as well. Foreclosing a mortgage that a “Iender” or investor may not legally own, conficts of interest of bank attorneys who may represent more than one lender in the chain of ownership when a lender sells a mortgage loan to another either before or during a foreclosure, defects in the execution and recording of mortgage documents and other occurrences are not being challenged successfuly in manycourtrooms around the state and across the country. The raising of such issues has frequently resulted in the dismissal of foreclosure actions without a bank being allowed to “Te-start” the lowsuit, heavy penalties being charged against banks to be paid to homeowners.