23 legal defenses to foreclosure
Plaintiff Must Be a Person Entitled to Enforce the Note (this is a defense option in the PM checkboxes): Holder Who Has Possession (21) "Holder" means: (a) The person in possession of a negotiable instrument; that is payable either to bearer or to an identified person that is the person in possession, https://law.justia.com/cases/ohio/tenth-district-court-of-appeals/2016/14ap-817.html, Non-holder Who Has Possession (B) Transfer of an instrument, whether or not the transfer is a negotiation, vests in the transferee any right of the transferor to enforce the instrument(C) Unless otherwise agreed, if an instrument is transferred for value the transferee has a specifically enforceable right to the unqualified indorsement of the transferor(D) If a transferor purports to transfer less than the entire instrument, negotiation of the instrument does not occur, the transferee of that instrument obtains no rights under this chapter, and the transferee of that instrument has only the rights of a partial assignee. Mar. Written by Attorney Troy Doucet (http: //www.doucet.law). Courts have said holding through an agent acceptable (although it shouldnt be), but if that is the case, you should obtain a copy of the agreement establishing the agency relationship. Thus, when an acknowledgment does not recite the name of the mortgagor, "the acknowledgment is defective." Nolan, 383 B.R. However, the appeal court ruled that the judge erred in making this judgement and the assignment made no such obligation of the plaintiff. The attorney listings on this site are paid attorney advertising. R. BANKR. v. Detweiler, 191 Ohio App. Defenses to Foreclosure Recent laws protecting homeowners and greater awareness of errors and abuses by mortgage servicers have increased the options of homeowners who are defending against a foreclosure. GUNDERSON v. WEIDNER HOLDINGS, LLC 463 P.3d 315 (2019) https://www.leagle.com/decision/incoco20191226025, Subsequent and separate alleged default create[s] a new and independent right in the mortgagee to accelerate payment on the note in a subsequent foreclosure action. Sep. 30, 2019) https://casetext.com/case/bell-v-deutsche-bank-1, Improper service of process, is subsumed within the second defense listed, lack of personal jurisdiction. A voluntarily contracted late charge that attempts to provide for the expected and unexpected costs a secured creditor may incur upon default by a debtor may be allowed as reasonable, provided it is not combined with a claim for default interest. No. Ass'n, 830 S.E.2d 652 (N.C. Ct. App. In re Smith, 866 F.2d 576 (3d Cir. For example, they might have failed to promptly credit your payments or might have credited your payments to another account. Congress Park Office Condos II,105 So.3d at 609 (citation omitted). c. 183, 21, a mortgagee may only sell mortgaged premises by public auction after default if it "first compl[ies]with the terms of the mortgageand with the statutesrelating to the foreclosure of mortgages by the exercise of a power of sale", Dismissal without prejudice. The party raising an unconscionability defense must plead and prove both procedural and substantive unconscionability. But you owed only $5,000. The Bank then filed a forcible detainer. 3d 194, 195 (Fla. Dist. . Our supreme court has stated that "lack of standing in a civil case is an affirmative defense, which will be waived if not raised in a timely fashion in the trial court." Williams v. Countrywide Home Loans, Inc., 504 F. Supp. Compass Bank v. MFP Financial Services, Inc.,152 S.W.3d 844, 852 (Tex.App.-Dallas 2005, pet. Risks of Using a Short Sale to Avoid Foreclosure. 12, 2014) https://casetext.com/case/martin-v-litton-loan-servicing-lp. This may involve showing that you were harmed by the error. Loan servicers have a duty to mitigate damages by considering application for loan modification. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. For a better shopping experience, please upgrade now. N.M. Bank & Tr. Lewis v. U.S. Bank Nat'Lass'N, 188 So. 2014) https://casetext.com/case/huntington-contl-townhouse-assn-inc-v-miner, HUD regulations provide that a lender of a federally guaranteed mortgage is obligated to make reasonable efforts to avoid foreclosure, including the acceptance of partial payments on the mortgage. Banks sometimes have trouble producing the promissory note proving loan ownership. MORTG. Stores Natl. U.S. Bank v. Stibolt, Appeal No. Claim # 2 does not attach evidence establishing Chase's standing as loan servicer or as the holder of the note and mortgage. Various federal laws protect borrowers against predatory lending practices. 2d 176 (S.D. Id. The general rule has been stated as follows: [U]nder an insurance policy on mortgaged premises taken out for the benefit of both the mortgagor and mortgagee, the mortgagor is entitled to have payment of any loss credited to the satisfaction of the mortgage debt, yet if the policy has been forfeited as to the mortgagor by reason of the violation of some provision not affecting the mortgagee, the mortgagor is not entitled to the payment of the loss credited on the mortgage debt; rather, the insurer is entitled to be subrogated to all the rights of the mortgagee as against the mortgagor, as stipulated. Predatory lenders convince borrowers to get loans they don't need or can't afford. Beneficial Fin. We disagree. Attorneys Troy Doucet and Andy Gerling put their experience helping people facing foreclosure into the new edition that is completely updated for 2021 and beyond! Wells Fargo mistakenly relies onDekkerbecause this case does not involve a witness who is "believed possibly" to have been guilty of perjury. If an affidavit that a bank or servicer submits as part of a foreclosure is false, either because the affiant (the signer) doesn't have personal knowledge of the facts and figures contained in the document or because the affidavit has incorrect information, you can contest the foreclosure. Although Rule 12 clearly envisions in subsections (b) and (g) the joining of one or more of these defenses in a single motion or pleading, it does not imply that any one of the listed defenses may be raised or preserved by raising one of the other listed defenses. A foreclosure law expert cautions homeowners against a new foreclosure scam that requires a transfer of ownership in the home as part of the scam. Ct. App. 16-916, 2017 U.S. Dist. R. 9(C) states, "In pleading the performance or occurrence of conditions precedent, it is sufficient to aver generally that all conditions precedent have been performed or have occurred. Bankruptcy Code 502(b) prescribes nine categories of claims which will be disallowed, including that "(1) such claim is unenforceable against the debtor and property of the debtor, under any agreement or applicable law for a reason other than because such claim is contingent or unmatured." I would conclude, however, that the allegations of deceitful and unfair practices leading to the filing of the foreclosure action were sufficiently related to the enforcement of the note and mortgage, and they were directly and inseparably connected to the foreclosure action. 430, 437, 161 N.E. Get help and learn more about the design. "[T]he filing of a proof of claim, by its very nature, is an action to collect a debt." I disagree with the misrepresentation claim leveled above, because like anything else, nothing is certain. Anfriany v. Deutsche Bank Nat'l Trust Co., 232 So. Therefore, because it did not acquire its interest until after the filing of the lis pendens, it had no "sufficient stake in a justiciable controversy, with a legally cognizable interest that would be affected by the outcome of the litigation.". Klewin Northeast, LLC v. Bridgeport, 282 Conn. 54, 87 (2007). The defendants Vogels are in good faith without actual knowledge and are not required to bring a quiet title action; their inaction does not bar the invocation of the doctrine of laches. The PSA will likely also carefully describe the loan servicers responsibilities pertaining to collecting payments, handling loss mitigation (including the authority to modify loans), and foreclosure. Landlords can try to evict tenants in the event that the tenant: Does not pay . The statute also provides for a twenty-one-day safe harbor provision allowing the party to withdraw or correct "the challenged paper, claim, defense, contention, allegation, or denial." Co.,948 F.3d 31, 35 (1st Cir. It is hornbook law that a general creditor having no lien upon the property is not a proper party, initially or by intervention, to a foreclosure suit. Courts have not always strictly applied the making, validity, or enforcement requirement in evaluating the sufficiency of equitable special defenses such as those raised here, particularly if a strict application would offend traditional notions of equity. 23 Legal Defenses To Foreclosure: How To Beat The Bank. In United Central Bank (plaintiff) v. Bhavani Fruit and Vegetable LLC (Bhavani Fruit) (defendant), Bhavani fruit defaulted on two notes, causing United Central Bank to file a complaint for foreclosure. P. 4(m). Rptr. For example, as the district court implicitly recognized, at that stage the mortgagee would not have incurred substantial attorneys' fees and costs so that Smith's initial offer to pay the debt would have been sufficient to cover the mortgage deficiency. ), cited by Citibank v. Hyslop, 2014-Ohio-844, 10 (10th Dist. Do Not Sell or Share My Personal Information, Key Aspects of State Foreclosure Law: 50-State Chart, Foreclosure of Rental & Investment Property, See All Foreclosure Laws Products from Nolo, Do Not Sell or Share My Personal Information. . Requires adequate protection be provided to homeowner. Hillsborough Rare Coins, LLC v. ADT LLC,No. The trial court ruled in favor of Brothers. . We conclude that judicial estoppel does not bar the claim for attorney's fees for two reasons. In addition, prior to initiating any action required by law to foreclose the mortgage, the mortgagee shall notify the mortgagor in a format prescribed by the Secretary that the mortgagor is in default and the mortgagee intends to foreclose unless the mortgagor cures the default." 1993) https://casetext.com/case/auto-owners-mut-ins-co-v-newman, Fireman's Fund Mortg. Gen. Laws ch. General Concept of this Foreclosure Defense. The second is a breach of the terms of the mortgage, which allows for the sale of real estate to pay off the note. Co.(2002)29 Cal.4th 189, 199,126 Cal.Rptr.2d 908,57 P.3d 372.) 743(Otworth), which stated, "If the action is based on an alleged breach of a written contract, the terms must be set out verbatim in the body of the complaint or a copy of the written instrument must be attached and incorporated by reference." App. Spine may show signs of wear. Despite the contingent, inchoate nature of a dower interest prior to the owner-spouse's death, a judicial sale of the property during the owner-spouse's lifetime does not vitiate the other spouse's dower interest. U.S. Bank, N.A. A few months after the order was entered, the defendants sent Coxson notice that he was in default and moved to foreclose. 2605(b)(2)(A), 24 C.F.R. App. How would someone spot this foreclosure defense in their own situation? 02AP-691, 2003-Ohio-628. Pro. Kim v. Park, 192 Or. One week later, HomEq accepted plaintiff's payment of $6,236.78. Or they may violate federal and state laws that govern their interactions with homeowners. Although dated April 2, 2011, the letter was mailed on April 7, 2011, giving Harrison only twenty-five days to cure the default. Estoppelhas its roots in equity and stems from the voluntary conduct of a party whereby he is absolutely precluded, both at law and in equity, from asserting rights which might perhaps have otherwise existed . MAZZEI EX REL. Ct. App. Accordingly, unlike inU.S. Bank National Assn.,the allegations of preforeclosure conduct by the plaintiff in the present case had a far more obvious and direct connection to the enforcement of the note or mortgage.7 Moreover, the majority's suggestion that the defendants' special defenses could be viable only if the defendants actually had reached a modification agreement would unnecessarily shield mortgagees or their agents from judicial scrutiny of potentially unscrupulous behavior that may have directly resulted in the foreclosure action. Ameritrust Co., N.A. If account or written instrument is not attached, the reason for omission must be stated in the pleading. The buyer could still have financing and appraisal contingencies in the contract with you, but your efforts directly to the bank should be limited and specific to the dollar amount. 23 Legal Defenses to Foreclosure breaks down 23 powerful foreclosure defenses into easy-to-understand chapters. Mar. Ins. The goal of mortgage litigation is to stop an illegal foreclosure and save the home. Reduction in the loan balance and possible damages. Additionally, on appeal the judges stated "the record must be more fully developed on the issue of whether plaintiff failed to mitigate its damages by not timely filing suit or for any other reasonable basis."[6]. The new owner will have to file an unlawful detainer suit against you if you do not leave. 826, 832 (Bankr.S.D.Ohio 2007) (listing four requirements provided by Ohio Rev.Code. Section 147.53 states as follows: The person taking an acknowledgment shall certify that: (A) The person acknowledging appeared before him and acknowledged he executed the instrument; (B) The person acknowledging was known to the person taking the acknowledgment, or that the person taking the acknowledgment had satisfactory evidence that the person acknowledging was the person described in and who executed the instrument. 77, 82,514 P.2d 1097(1973). Bank v. Doellman, Butler App. These various laws set out requirements that servicers and lenders have to follow in order to foreclose a home. Case No. Usually, a homeowner misses multiple mortgage payments before the mortgage holder starts the legal proceedings to get the house sold at a foreclosure auction in order to get paid. Did your mortgage lender violate TILA? "Waiveris the intentional relinquishment or abandonment of a known right or privilege . It is well-established that under Florida law the five yearstatute of limitationsgoverningforeclosureactions does not otherwise affect the validity or enforceability of a lien created by a mortgage. 1640, as a setoff,recoupmentor counterclaim, to a mortgageforeclosureaction. The mortgage was foreclosed and the property was bought at public sale by the mortgagee for a sum insufficient to discharge the mortgage debt. To invoke the equitable doctrine of laches, the moving party ordinarily must show (1) an unreasonable delay by the opposing party in asserting its legal or equitable rights and (2) the moving party's good faith and detrimental change in position because of the delay. And while Plaintiff subsequently cured these defects and served Defendants a second time, this service did not occur until 9 days after the 90-day time limit for service expired (i.e., 99 days after the complaint was filed) (see ECF Nos. Ins. If there was no motive to conceal, the facts do not support either a finding or conclusion that "intentional self-contradiction is being used as a means of obtaining an unfair advantage in a forum provided for suitors seeking justice. Each chapter is packed with useful information that you can use directly in court in any state. The statute of limitations is an affirmative defense, C.R.C.P. That requirement continues after recordation of a lien pursuant to Civil Code sections 5673 and 5675. Judgement in the foreclosure action favored the bank, the mortgages were foreclosed, a sheriffs sale was ordered, and the Bank purchased the property. Ms. Boone's damage is that she paid Conseco and will lose her home if it can stand on its foreclosure. This is a decent defense to foreclosure, but subjects the mortgage to reformation. 203.606(a). "Those essential terms include mutual assent and consideration." N.D. Fla. 1989) https://casetext.com/case/st-george-island-ltd-v-sun-bank-na#p348, Under the doctrine of collateral estoppel, "the determination of an issue in a prior judicial proceeding precludes the relitigation of that issue in a later action, provided the party against whom the estoppel is asserted enjoyed a full and fair opportunity to litigate that issue in the earlier proceeding." 339(1984) (waiver of contractual rights);Coleman v. Medgin,52 Or. If she successfullydischargesherbankruptcy, FmHA'sforeclosurewill be dismissed, requiring FmHA to prepare a renewal agreement with debtor with an effective date as of August 28, 1985. In 2017, the U.S. Supreme Court decided that cities can sue a lender under the FHA if the lender targets minorities for predatory loans and the city suffers harm because of these lending practices. (quoting Plein v. Lackey, 149 Wn.2d 214, 227, (2003)). In Denison, the notary public who signed the certificate of acknowledgment to the mortgage at issue did not actually witness one of the joint mortgagors sign the mortgage or acknowledge her signature. E.D. * * * This is so because, under a cognovit note, the debtor consents in advance to the holder obtaining a judgment without notice or hearing. Mr. Lambert then appealed, and the judgement was reversed. In addition, a defendant must plead such a defense with the requisite factual specificity. These elements are the existence of a contract, performance by the plaintiff, breach by the defendant, and damage or loss to the plaintiff. Bayview Loan Servicing, LLC v. Simmons, 275 Va. 114, 121, 654 S.E.2d 898, 901 (2008). Few states allows these types of judgments. v. Perz, 2010-Ohio-5890, 33-34 (6th Dist.). 3d 194, 195 (Fla. Dist. Most importantly, if you took out your mortgage before you were on active duty, your foreclosure must happen in court even if foreclosures in your state customarily occur outside of court (nonjudicial foreclosures), unless the servicer gets a waiver from you. 8(c), that must be pleaded and proved by the defendant. 2d 1204, 1206 (Ala. 1985) https://casetext.com/case/delaneys-inc-v-pritchard, The application of laches is not dependent upon the passage of such period of time. . Thompsonv.Orcutt,257 Conn. 301, 310, 777 A.2d 670 (2001). Many states also have anti-predatory lending laws that restrict the terms or provisions of certain loans. No. In other words,waivermay be inferred from the circumstances if it is reasonable to do so." Further, In re Peed, 403 B.R. Each chapter is packed with useful information that you can use directly in court in any state. A face-to-face meeting is not required if: (1) The mortgagor does not reside in the mortgaged property. . A "declaration," which is similar to an affidavit, is a formal statement of facts concerning the case. MENG v. DU Civil Action No. 293, 299,413 P.2d 397(1966)). After the foreclosure sale, the trustee records a "trustee's deed" in favor of the the high bidder from the auction. 403, her options potentially would have been even greater. "[E]xtrinsic material is, generally, not properly considered on a motion to amend. In their pleading, the Pfeifers allege that the lenders began foreclosing on their property without adhering to the HUD servicing requirements, as they did not have a face-to-face interview with them as required by the Code of Federal Regulations. 2015) https://casetext.com/case/miles-v-deutsche-bank-natl-trust-co. On April 15, 2008, four days after HomEq received, approved and signed the March 13 agreement, HomEq sent plaintiff a default letter demanding that he pay $39,997.18 or face immediate foreclosure. Rivermont Inn,113 S.W.3d at 642. In re Benyamin, 587 B.R. While the deficiency in Smith's Lessee was apparent on the face of the certificate, the court has also held that latent defects can also render a mortgage ineffective as against subsequent interests. 23 Legal Defenses to Foreclosure breaks down 23 powerful foreclosure defenses into easy-to-understand chapters. However, when the plaintiff is suing upon a contract and alleges performance that is denied by the defendant, "it is incumbent upon the plaintiff to prove performance, at least substantially." Delaney's, Inc. v. Pritchard, 480 So. See Fed. The authorization of the forms in this section does not preclude the use of other forms. Shahar v. Green Tree Servicing LLC, 125 So. Whatever its reasons, Chase ignored the written requests from Debtor's counsel for evidence of its standing, and did not respond to the Debtor's Objection to Claim # 2. 09-15693 (MG), 118-19 (Bankr. Affirming, the court of appeal articulated the nature of a wrongful foreclosure action and the proper measure of damages as follows: "[A] trustee or mortgagee may be liable to the trustor or mortgagor for damages sustained where there has been an illegal, fraudulent or willfully oppressive sale of property under a power of sale contained in a mortgage or deed of trust. N.D. Ohio May 6, 2008): The court stated "[a] mortgage in which the magistrate's certificate does not show by whom the instrument was acknowledged, vests no legal interest in the mortgage." As with a motion to dismiss under Fed.R.Civ.P. Peoples Heritage Savings Bank v. Pease, 797 A.2d 1270, 2002 ME 82 (2002) https://cite.case.law/a2d/797/1270/, Rule 12(b)(4) concerns the sufficiency of the form of the process, rather than the manner or method by which it is served. 20 Civ. FIRST COMMONWEALTH BANK v. FRESH HARVEST RIVER, LLC Civil Action No. ASSOCIATION v. BLOWERS 172 A.3d 837 (2017) https://www.leagle.com/decision/inctco20171102090. 20 Civ. C.R. Sananap v. Cyfred, Ltd, 2009 Guam 13, 2009 Guam LEXIS 15 (Guam 2009) https://casetext.com/case/sananap-v-cyfred-ltd-2, A party alleging breach of contract under Virginia law must establish that the defendant owed plaintiff a legally enforceable obligation, the defendant violated that obligation, and the plaintiff suffered injury or damage as a result of the defendant's breach. 2014). In such a case, although no consideration or benefit accrues to the person making the promise, he is the author or promoter of the very condition of affairs which stands in his way; and when this plainly appears, it is most equitable that the court should say that they shall so stand. HomEq told plaintiff he had to sign the latest loan modification agreement or face foreclosure. In addition, Item 7 on Official Bankruptcy Form B 10, sets forth the content and format for proofs of claim and instructs creditors as follows: Attach redacted copies of any documents that support the claim, such as promissory notes, purchase orders, invoices, itemized statements of running accounts, contracts, judgments, mortgages, and security agreements. Tex. Bankruptcy Rule 3001(d) provides that "[i]f a security interest in property of the debtor is claimed, the proof of claim shall be accompanied by evidence that the security interest has been perfected." ", St. George Island, Ltd. v. Sun Bank, N.A., 96 B.R. Federal Home Loan Mortg. If you want to learn about possible ways to avoid a foreclosure, like with a loan modification, short sale, or deed in lieu of foreclosure, consider also talking to a HUD-approved housing counselor. 16-cv-5338. The following are legal defenses to foreclosure to beat the bank: 1. Laches, as we have previously defined it, is an equitable defense to be applied where from delay, loss of evidence, and death, any judgment would be conjectural and difficult to do justice. Cases involving unlimited and continuing personal guaranties: o Cinemack Corp. 10th Dist. Delaney's, Inc. v. Pritchard, 480 So. Laches may be applied even though the claim is not barred by the statute of limitation nor barred by the twenty-year rule of prescription. Here, the Bank was a creditor in the bankruptcy proceeding and was as aware of the fee entitlement order as Anfriany. 3d 128 (D.N.H. Recently, this court found that unclean hands is tantamount to "[u]nscrupulous practices, overreaching, concealment, trickery or other unconscientious conduct." Deutsche Bank Trust Co. Ams. When a lawsuit is filed, all necessary parties should be included. MODIFICATION LIT. What is this foreclosure defense as a general concept? In re Laibe Corp., 307 S.W.3d 314, 318 (Tex. Cal. Applying the reasoning set forth in Williamson to the facts of the case at hand, we think that the evidence is sufficient to uphold the trial court's application of laches and, therefore, the court did not abuse its discretion. o8AP-734, 2009-Ohio-1380 15 citing Zenfa Labs, Inc. v. Big Lots Stores, Inc. 10th Dist. What is the specific rule for it from the caselaw for this foreclosure defense? CORP. 558 So.2d 430 (1990) https://www.leagle.com/decision/1990988558so2d4301857. If the mistake doesn't actually harm you, it might not be worth fighting over. 203.500; see also 24 C.F.R. v. Lucas, No. 25, 2015). Moreover, "[o]n a Rule 12(b)(5) motion to dismiss, the plaintiff bears the burden of establishing that service was sufficient. The servicer assesses a late charge during the grace period. Further, for this court to reverse such a finding of fact, there must be a lack of substantial evidence to support the finding. Where waiver is claimed by inference rather than express renunciation, "it is the burden of the party who is to benefit to produce conclusive evidence that the opposite party unequivocally manifested its intent to no longer assert its claim. Consistent with the policies underlying theBankruptcyCode and the express language of 7 C.F.R. "23 Legal Defenses to Foreclosure" and of course if you are already in or threatened by a foreclosure give a copy to your lawyer! Chem.,267 Or. the servicer informs you that you're not eligible for any loss mitigation option, and any appeal has been exhausted, you reject all loss mitigation offers, or. That time is ordinarily twenty years. 2001)https://casetext.com/case/associates-home-equity-services-v-troup As stated, what the Troups seek is a diminishment of the amount due based on Associates' violation of statutory fair housing and civil rights laws. The court uses Wheat v Brown as precedent, which determined that "a mortgage foreclosure action does not terminate a lease unless the lessee is made party to that action." [1] https://www.investopedia.com/what-are-your-legal-rights-in-a-foreclosure-4846357, [2] https://www.justia.com/trials-litigation/docs/caci/3900/3930/, [3]https://www.cs.xu.edu/~osborn/main/lawSchool/contractsHtml/bottomScreens/Briefs/Restatement%20350.%20Avoidability%20as%20a%20Limitation%20on%20Damages.htm. Reeder v. Kay,282 Or. 3d 950 (Fla. Dist. Under the Real Estate Settlement Procedures Act (RESPA), a borrower must receive notice of a servicing transfer from their old servicer at least 15 days before the transfer takes effect and must receive notice from their new servicer not more than 15 days after the transfer. Associates Home Equity Services v. Troup, 343 N.J. Super. Mortgage servicers often make mistakes when they're dealing with borrowers' accounts. They may pile up excessive fees that are not permitted under the terms of the mortgage. Contact us Now at (888) 200-9824. See Wasserburger v. Amer. Because the earlier voluntary dismissal was not an adjudication on the merits,Evergrene Partners, Inc. v. Citibank, N.A.,143 So.3d 954, 956 (Fla. 4th DCA 2014) (citingFroman v. Kirland,753 So.2d 114, 116 (Fla. 4th DCA 1999)), Bank was entitled to bring a later suit to foreclose on the note and mortgage. Id. v. Cook, 31 N.E.3d 1125, 87 Mass. Add to Wish List Link to this Book Add to Bookbag Sell this Book Buy it at Amazon Compare Prices. Wells Fargo Bank, N.A. If you have an FHA loan, call the FHA National Servicing Center at 1-877-622-8525. Learn about the net present value (NPV) calculation and how it might affect your application for a loan modification. In some states, the information on this website may be considered a lawyer referral service.