I represent homeowners in Delaware County who are faced with a foreclosure lawsuit. I filed an answer to the bank’s lawsuit, and I raised various defenses to the action. The kinds of defenses in this case are that the bank is not the true owner of the Note and that my clients were victims of bait and switch tactics. For instance, on the day of settlement, the interest rate went from what was promised, at 6%, up to 8.5%. In addition, the originating lender increased the mortgage balance by lumping many of my client’s other debts (credit card bills and medical bills) into the mortgage loan, even though my clients weren’t given advanced warning of that.
The loan is allegedly owned by banking giant, Deutsche Bank, because it is the trustee of the mortgage trust that claims to own the loan. When my clients were sued, I answered in court filings that the bank engaged bait and switch and predatory practices. The banks’ lawyers filed objections to my court papers claiming that the defenses were not relevant to the actions since, in their view, all of the paperwork was in order and my clients knowingly signed onto the mortgage loan. The Delaware County trial Judge denied the bank’s objections ordered that the bank must now respond to my allegations. This was a bitterly contested motion and I am glad that we prevailed on this aspect of the case. A trial date has not yet been set.
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