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We practice CONSUMER BANKRUPTCY
law exclusively. 407-982-3763

We practice CONSUMER BANKRUPTCY law exclusively. 

One of the top Bankruptcy Filers

in the Orlando Area

One of the top Bankruptcy Filers

in the Orlando Area

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  4.  » Despite proof of payment, woman has home foreclosure nightmare

When someone buys a home, there are many means of making the mortgage payments each month. Direct deposit, money orders or a personal check are all an acceptable means of payhment each month. Despite one woman’s proof that she was paying each month, a Florida homeowner still found herself in the midst of a home foreclosure nightmare related to how payments were made. She is now suing the bank because of it.

The woman bought the home in 2007. She sent in payments by mail for over a year. She then received a notice saying her home was being foreclosed. The mistake was found to be the fault of a bank employee who was depositing the amount into another mortgage account that was listed under the name of the woman’s daughter.

Despite proof of her payments and letters detailing the source of the mistake, the pending foreclosure action took a massive toll on the woman’s credit and life. The bank sent a letter of apology in 2010, yet the foreclosure case continued. Mediation of the case has taken place and the woman wants a settlement for the harm the case has caused. The case is still pending, and it is unclear what will become of the house or if a settlement will be handed down.

Cases of misunderstandings such as this can go on for years and lead to homeowners dealing with home foreclosure processes without merit. While rare, having to fight a home foreclosure proceeding that is unjust can be time-consuming and costly. Anyone who is dealing with home foreclosure in Florida, justified or unjustified, should be fully aware of their rights, including the bankruptcy protection when appropriate.

Source: members.jacksonville.com, “Jacksonville homeowner won’t let bank off the hook for mortgage mistake”, Andrew Pantazi, June 30, 2014