mortgage foreclosure defense | chicago
Mortgage foreclosure defense & representation
Attorneys Woerthwein & Miller represent consumers who have been sued to foreclose on their homes.
Many consumers just give up when they are sued on their mortgage. They stopped paying and so they just walk away. You have an absolute right to make the bank prove its case. Many times they cannot.
In a normal home foreclosure the Homeowner is evicted-As soon as 3 to 4 Months
The bank that is suing you is probably not be the bank with whom you signed your original note/mortgage. The new bank has to be able to prove that it rightfully owns and holds the original note and mortgage. If it cannot, then its lawsuit may be dismissed!
In other words, even if you are behind on your mortgage, the bank still has to prove that it (as opposed to a different bank) has the right to proceed with the foreclosure lawsuit.
The firm of Woerthwein & Miller has successfully done this for clients. On October 11, 2011 the Honorable, Rebecca R. Pallmeyer ruled that our clients' motion to dismiss for lack of standing was granted with prejudice as to the Plaintiff, Deutsche Bank, and without prejudice as to any other Plaintiff who may have proper standing. See the order entered by Judge Pallmeyer in Deutsch Bank v. Bodzianowski (2011 cv 1950).
Since the Bank trying to foreclose did not properly
acquire the note, the lawsuit it filed was dismissed. It can never
bring this mortgage foreclosure against our clients again.
Copyright Woerthwein & Miller, LLC. All rights