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Select Florida foreclosures -- Here's something disturbing.

FORECLOSURE OF REVERSE MORTGAGES. Some lenders impose rules that are not fully explained to elderly borrowers. This problem is compounded as people age in place and become less likely to carefully read all the mail they receive.  Sometime that mail requires prompt response or dire consequences can flow.  Some borrowers have found a few lenders' attitude is: You live in your house until, well, we contend that you don't live in your house.

And our contention shifts the burden of proof upon you to demonstrate to a court that we're wrong.

We're hoping that your disinclination to do that -- because you're old and tired, because you feel pressured if not overwhelmed by our demands, because you grow progressively fearful by the ominous mailings that we make sure to regularly send, and because you're growing deeply frightened regarding what your attempts to challenge us may cost you -- will ultimately result in a foreclosed property and our eventual ownership of it.

Is that strategy draconian and flat-out evil?

Well, of course it is.

Yet it is also being practiced across Florida, and reportedly with growing frequency, by bad-faith companies that are intentionally targeting seniors living in homes with government-guaranteed home loans (reverse mortgages).

The tactic is simple, and admittedly breathtakingly brazen: sue to foreclose based on a claim that a homeowner has moved out of his or her home (a triggering event with reverse mortgages) -- even when they obviously haven't.

And if they start objecting, slap an "order to show cause" upon them, which compels them to go to court and convince a judge why they should prevail in a foreclosure action.

Of course, they should. But as noted in a recent legal article, many Florida seniors are scared and confused by the sudden threats and legalese being thrown at them, and ultimately succumb.

"This has been happening around the state," says one legal advocate for the elderly in Florida.

Obviously, it shouldn't be. In fact, many foreclosure actions are wrongful (and for various reasons, including, as noted in today's post, pure bad faith strategies employed by unscrupulous actors).

Any Florida resident being challenged by brazen and bad-faith third-party behavior in a property-related matter might reasonably want to timely contact an experienced and aggressive real estate attorney with proven litigation acumen.

Doing so might result in a materially different case outcome than what is hoped for by business entities seeking to take advantage of an individual they believe is powerless and vulnerable.

Our office will provide a free consult to any borrower age 70 or older who has been served with a foreclosure of a reverse mortgage in our area. 

Depending on where you live, if you can not afford private counsel, legal aid services in your area may be able to assist you. Do not just give up. 

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