Florida Real Estate Law Firm Represents Lenders in Mortgage Enforcement Actions

North Central Florida Real Estate Attorneys Offer Aggressive Representation

Historically, when a debtor mortgaged property, it was mortgaged to a local bank, and the bank held the mortgage and the note until it was satisfied. But mortgage origination has become a business, and originating lenders now sell loans, rather than holding the note and mortgage to maturity. A note and mortgage may go through multiple transfers, and when it comes to enforcing a mortgage, it is no longer always clear who exactly holds the note and the mortgage.

Enforcing a Mortgage

In mortgage foreclosure, a party has to assert rights under the mortgage, and legal questions often arise. Is the mortgage servicer a real party in interest, an authorized agent, and what evidence is required to prove standing? When a lender is seeking to enforce a mortgage, much preparation is needed to help ensure that they will successfully recover.

Building a Case for Mortgage Enforcement

Before filing a foreclosure, it is advisable that a lender obtain authenticated copies of the note and mortgage and verify recording information. It may also be prudent to record any assignments and grant authority or agency rights to enforce the mortgage. Making the current holder or trustee a party of record is also wise when enforcing a mortgage or foreclosing.

Are you a mortgage lender that needs experienced mortgage enforcement representation? Dean and Dean, LLP represents lenders throughout north central Florida in mortgage enforcement and foreclosure actions. For effective legal representation, contact our firm online or call (352) 368-2800 to set up your initial consultation with one of our experienced attorneys today.