Foreclosure Defense

Foreclosure Defense

Baybridge Law Firm, P.L.L.C. is a boutique Florida consumer based law firm dedicated to protecting the rights of consumers and homeowners facing foreclosure. We are committed to defending against fraudulent banking practices and corrupt servicers who are trying to take away homes using our courts utilizing the judicial foreclosure procedures.

In the emerging field of Florida “Foreclosure Law” also known as “Foreclosure Defense Law”, we are up to date on the most current law and legal strategies in State and Federal litigation. We are well equipped to effectively and successfully fight against these unreasonable lenders on your behalf.

Who We Serve

We help anyone who wants to stop foreclosure and save their home. Our firm represents people from all walks of life and economic backgrounds.

Whether your mortgage is small or large, price is never an issue. We will assist you with Florida foreclosures on single family homes, Florida condominium litigation, Fannie Mae, Freddie Mac, VA, FHA, SBA, HUD, and Securitized mortgages, and any other form of home foreclosure.

Our clients live throughout the State of Florida, however, because of the epidemic foreclosure crisis we are currently only serving the immediate consumers and homeowners that have properties located in the First Judicial Circuit including Escambia, Santa Rosa, Okaloosa, and Walton counties.  We love the military and you are always welcome to call us since you may be entitled to additional Federal and State rights regarding a foreclosure proceeding. 

What Can You Expect From Us?

When you contact us, we will schedule an initial consultation. We’ll listen carefully to your concerns, so we can strategically plan for a solution for your particular situation.

First, you need time. Time to regroup, plan, find solutions and fresh opportunities. We work ethically within Florida foreclosure law to help you get that priceless time. As we litigate your foreclosure defense, we’ll use the time we’ve secured for you to put the best strategies to work on your behalf.

We will explain to you where you stand in the process of foreclosure. We will discuss the defenses and strategies that will work for you, such as defending the foreclosure based on possible violations, renegotiating loan terms, and more than 73 other propriety legal options based on your facts and concerns. We will explain the benefits and disadvantages of such options. You will understand how long we can keep you living in your house.

What We Will Do For You

Baybridge Law Firm, P.L.L.C. has Gregory “Kaiser” Wilhelm, Esq., (USMCR), as a former Assistant Attorney General from the complex civil litigation Division handling fraudulent activities against Florida consumers including accomplishments that  deterred some of the largest and most insidious health care providers frauds, punished pharmaceutical companies, and recovered program dollars,  eliminated corrupt practitioners and handled the initial complaints.

Baybridge Law Firm, P.L.L.C. was created  by  former government attorneys and  litigators and are both very familiar with prosecuting criminal and civil fraud cases. Additionally,  we  both served our country on active duty and reserves, however, one was a military aviator and one enjoyed nuclear weapons. Anyway, we decided that we would attack the foreclosures in a military fashion.  Attack the foreclosure proceedings against the Bank using our weapons, at our disposal, including using either the State Court and Federal Court or both.   Defending a foreclosure action in a court of equity requires unique  background and experience of a lawyer that perfected an understanding and knowledge of real estate, property, contracts, securities, Uniform Commercial Code (UCC), secured transactions, and  bankruptcy knowledge.

We treat each client as if they are an actual victim of a fraudulent criminal and civil violation that was conducted  by the banking institution. When we are not defending homeowners, we are consumer advocates  using  multiple consumer enacted State and Federal laws to pursue justice against including corrupt corporations, banking institutions, credit reporting agencies, collection agencies and other wrongdoers for their fraudulent behaviors and damages they have caused our clients or society.  We continue to endeavor in a limited and select criminal cases that take place within the federal jurisdiction or  white collar crimes. However, if you are a banker or mortgage broker, charged for any criminal activities…..don’t bother to contact us. Lastly, the need to protect national security clearances for our service members and government contractors while in their  financial mess  has become a recent new priority at our law office.

When we take on a foreclosure case, we have at least four(4) immediate legal goals in mind: (1) defend the homeowner and prevent default, (2) stop the lender from obtaining summary judgment (3) win the case by dismissal or offensive summary judgment and (4) win at trial.

In every foreclosure case there are a multitude of defenses available to every homeowner. We are trained and experienced  in asserting these defenses. Furthermore, if the lender cannot prove every element of their case, burden of proof, then the lender must lose, and the Judge must enter final judgment for the homeowner.  As a trial lawyer, I know how to put the lender to its burden of proof. If the lender cannot prove its case with admissible evidence, then the homeowner must win as a matter of law.

We are also versed in helping our foreclosure clients pursue other options as well including loan modification, short sale and deed in lieu of foreclosure.  However, in every case we invest a great deal of time and effort to thoroughly conduct discovery to determine whether or not the lender has evidence to prove every element of its case.  When the lender is missing proof on any issue, it’s our job to take their case apart, and that is what we do.

We Make Florida Foreclosure Law Work For You

Our approach to foreclosure defense involves investigating every possibility. We strip down your unique case to expose the facts, revealing any errors made by the lenders. Mortgage companies and/or servicer(s) rarely follow the rules and violate their own requirements when foreclosing on homes. The Trust entities, suing in behalf a securitized mortgage(s), enjoy to violate their own mandated authority found within the Servicing and Pooling Agreements registered with SEC.

Our  Attorney and Staff Members are diligent in finding Foreclosure Fraud

Our professional legal staff operates under our direct supervision as provided by the Florida Bar and are always seeking answers to the following questions:

  • Does the mortgage itself indicate predatory lending or fraud?
  • Were there violations with the original mortgage paperwork?
  • Can the lender produce the documents?
  • Did the lender or/and the law firm acquire fraudulent documents?

Experience and skills finding fraud  enable us to place the Plaintiff on the defensive. There are defenses and counterclaims that we can raise that may actually stop a  foreclosure. In some cases, your lender may even be required to pay you damages.

WARNINGS:

If you are in the process of loan modification or short sale conducted without an attorney, you should contact us  and speak with an attorney immediately.  It is important that you understand how loan modifications work. We will guide you to engage only in meaningful loan modifications, and keep you safe from a defective “short sale.” unreliable “loan rescue” scams and predators.

Foreclosure Rescue Scams

Not coincidentally, the subsequent increase in foreclosure rates has led to an increase in rescue scams. The alleged “rescuers” use various scams with disastrous consequences for already desperate homeowners. While waiting for the promised relief that never comes, homeowners are not only scammed out of thousands of dollars that they cannot spare, but also fall deeper into default and lose valuable time in saving their homes from foreclosure.

Mortgage foreclosure rescue scams generally fall into one of the following three categories,

  • Bailout – Here the scammer pays off the default amount in exchange for the homeowner surrendering the title to their house. The homeowner is then told they can rent their house back from the scammer until they are able to payback what is owed. Ultimately, under unconscionable rental terms the homeowner defaults, is evicted, and loses all the equity in their home.
  • Bait and Switch – This scam occurs when the homeowner does not realize he is surrendering ownership of their houses in exchange for a “rescue.” Either the sale documents are forged or the homeowner is led to believe that he is only signing documents for a new loan to make the mortgage current.
  • Phantom Help / “Loan Modification Specialists” – Here the supposed rescuer charges very high fees for basic phone calls and paperwork that the homeowner could have done himself. Or, the rescuer will make promises to represent the homeowner in negotiations with the bank, but will then do nothing to save the home. Many of these scammers use deceptive tactics to market their “services” as an affiliate government-run loan modification program even though that is the furthest thing from the truth.

Basically if it sounds too good to be true, then it usually is too good to be true. If you have questions about a deal you are entering, talk to an attorney or a housing counselor first! If you think you’ve been a victim of a foreclosure rescue scam or other foreclosure fraud, contact:

Come and see us.

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