Friendly Lenders?

Don’t be Lulled by “Friendly Lenders” into Losing Your Property

Those friendly lenders … miss a payment and they’ll start showing you how much they truly care. First they start with the phone calls, then the warm and “genuine” letters offering to help, and ultimately, the not so friendly foreclosure lawsuits served by your friendly, neighborhood process servers! Folks generally believe “their” lender will work with them, after all, there are thousands in foreclosure so why would they sue them and add to the pile? Why force them out of their house? Sell their property? And then, eventually, try to collect any deficiency? Because that’s what banks do! Unfortunately, thousands wait and wait and wait hoping for a miracle before they get shocked to find out they’ve been sued, or a judgment has been entered, or worse, a sale has occurred, all while they wait. Don’t be a victim!

Taking action comes with a price. But sometimes, it makes all the sense in the world. Two months ago, it was David over Goliath all over again as a couple of “improperly” foreclosed homeowners in Naples, Florida reportedly foreclosed on a Bank of America branch! Their foreclosure defense attorney actually had moving trucks pull up in front of a Naples branch to execute a foreclosure judgment against the bank. The lawyer reportedly showed up at the local branch of the bank with sheriff’s deputies, instructing them to remove cash from the tellers’ drawers, plus furniture, computers and other property. Approximately one hour later, the Naples News reported, the bank manager produced a check for $5,772.88 to satisfy the fees and costs due the homeowners. Sad to say, but like in the real life situations, you have to be willing to confront this situation head-on to simply get the respect you deserve!

It doesn’t have to come to that. The logical and prudent strategy is to consult with a law firm that specializes in loan modifications, short-sale approvals, and mortgage foreclosure defense and seek to defend and preserve your rights using the legal system. In a substantial portion of residential mortgage foreclosures, the homeowner and property owner has a valid defense to at least part of the claim. Either they are not in default at all, or the extent of the default is significantly less than claimed, or the mortgage is subject to attack.

Bottom-line: Mortgage foreclosure lawsuits are the single, most crucial legal challenge people face today. By defending against the foreclosure lawsuit, you put the “Friendly Lender” to the test. The bank has the burden of proving their case, not the property owner, meaning, the friendly lender has to show they have a right to the note and the right to foreclose. Considering the financial debacle created in the lending industry over the last decade, you’d be surprised how difficult it can be for a bank to “prove their case”. Don’t be lulled into inaction. We can help you aggressively litigate your case, negotiate your loan modification and/or successfully close your short-sale transaction. In the end, you too deserve a passionate voice to help you fight to defend your property and preserve your rights!

Carlos J. Reyes  is the Principal of Reyes Law Group. He has been a member of the Florida Bar since 1988 and practices state-wide.  Carlos has been awarded a rating of “AV Preeminent” which is the highest possible rating in both legal ability and ethical standards by Martindale-Hubbell – a well-recognized legal resource. The RLG Legal Team also include attorneys Stephan LopezMelissa J. UlloaPhillip A. Ortiz and the RLG Legal Support Team to bring you a dedicated, experienced and dynamic legal team to handle your legal needs.

We also assist clients in the areas of: Civil LitigationReal Estate LitigationResidential Purchase & SalesCommercial Acquisitions & SalesResidential Landlord-Tenant LitigationCommercial Landlord-Tenant LitigationShort Sales NegotiationsLoan ModificationsCriminal DefenseCivil Rights ClaimsFamily LawCorporate Work, and Labor & Employment Law.

Call us for a FREE consultation at (954) 369-1993  Se Habla Español.

Visit our firm website and review our credentials.

We are located at 150 South Pine Island Road #210, Plantation, FL 33324


The Reyes Law Group BLOG is intended to provide information to firm clients, friends and potential clients about various legal related topics. Nothing in this BLOG should be construed as legal advice or a legal opinion. Readers should not act upon the information contained in this BLOG without seeking the advice of legal counsel.

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Reyes Law Group

Reyes Law Group represents clients in a multi-disciplinary legal practice involving real estate transactions and litigation with a “footprint” that covers the State of Florida. Over the firm’s first 10 years, Reyes Law Group has closed over $100M in commercial closings, representing buyers and sellers in contract negotiations, due diligence, and the related title review and policy issuance related to closings. In litigation, the firm has commercial litigation experience focused on prosecuting or defending claims such as breach of contracts, partition actions, trade secret violations, and breach of non-competes. However, our firm’s MAIN FOCUS is assisting asset and loan portfolio managers, investors and private lenders with a “ 4-PILLAR APPROACH” to the legal challenges they face with non-performing assets: 1) LOAN WORKOUTS; 2) COMMERCIAL FORECLOSURES (across the State of Florida); 3) COMMERCIAL EVICTIONS; and 4) REO COMMERCIAL CLOSINGS.30+ years’ legal experience means - WE CAN HELP!

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