How FRAUD STOPPERS Legal Professionals Can Assist Homeowners with Surplus Funds after Foreclosure
Foreclosure is a daunting prospect that many homeowners would rather avoid thinking about altogether. Unfortunately, some homeowners may face false foreclosure claims, and even after a foreclosure sale is deemed complete, there is a crucial aspect that is often overlooked—the possibility of “surplus funds” that may be rightfully due to the homeowner.
Surplus funds can be approached in two ways, with the first common perspective assuming that the foreclosure amount demanded, often used as a “credit bid” to acquire the property for the Plaintiff or beneficiary in a deed of trust, represents their economic loss. This sum is theoretically offset by the proceeds obtained from selling the property to a third-party purchaser, even if this purchaser has ties to one of the foreclosure parties.
It is important to highlight that none of the involved parties received any payments from the homeowner’s monthly installments or the proceeds from the home sale. However, certain unscrupulous lawyers might argue that the sale falls under the doctrine of collateral estoppel or res judicata, implying that the matter has already been litigated and decided. Yet, the existence of surplus fund statutes in every state aims to ensure that foreclosure does not become an economic incentive, as alternatives such as loan workout should be pursued. Foreclosure, akin to the death penalty in civil cases, can cause homeowners to lose their homes, their family lifestyle, and even their quality of life.
Each state provides a procedure to demand verification of the actual economic loss. This requirement compels the dark side lawyer (representing the foreclosure claimant) to present the unpaid implied loan account that serves as the basis for the claim. This entails demonstrating the account’s creation, along with all debits, credits, and payments affecting the account balance.
However, it is crucial for homeowners to be aware of how FRAUD STOPPERS legal professionals can help in such situations. FRAUD STOPPERS’ team of skilled attorneys can challenge the claimant’s assertions, seeking corroboration for the alleged economic loss. They meticulously review the claimed unpaid loan account, starting from its origination, to reveal any discrepancies or inconsistencies. Their goal is to provide homeowners with the legal backing needed to protect their rights and ensure fair treatment in the face of foreclosure.
The judges involved may presume that the dark side lawyer has represented a claimant who incurred financial losses due to the homeowner’s payment failure. Yet, upon scrutiny, it often becomes evident that there is a lack of solid evidence to substantiate such claims. Notably, there is seldom any proof or corroboration that the named claimant, plaintiff, or beneficiary suffered any economic loss, as they did not purchase the implied unpaid loan account or act as an agent for someone who did.
FRAUD STOPPERS’ legal professionals possess extensive knowledge of the intricate securitization schemes employed in homeowner transactions. They understand that these schemes aim to absolve all risk of loss from the involved parties, placing homeowners at a significant disadvantage.
In conclusion, homeowners facing foreclosure must not overlook the possibility of surplus funds owed to them. FRAUD STOPPERS legal professionals can provide the necessary expertise and support to challenge dubious foreclosure claims and protect homeowners’ interests. By seeking the assistance of FRAUD STOPPERS, homeowners can better navigate the complex legal landscape and secure a fair resolution to their foreclosure predicament.
🏡 Facing foreclosure? Don’t forget about “surplus funds” that may be rightfully yours after the sale! 🤝 Discover how FRAUD STOPPERS legal professionals can assist homeowners in navigating this complex issue and protecting their rights. #ForeclosureHelp #HomeownersRights #FRAUDSTOPPERS