RESTON, Va., Nov. 8, 2012 /PRNewswire/ -- Homeowners and attorneys need to understand a promissory note; mortgage/deed of trust is a contract - period. "Only exposure of contract breaches, legal errors, and/or tortious conduct underlying a mortgage transaction provides a sound strategic basis for liberating homeowners from the bondage of foreclosure."  So says Storm Bradford, Founder of Mortgage Fraud Examiners. Moreover, attorneys need to be careful; according to several ethics counsel, "failing to identify contract breaches, legal errors, and/or tortious conduct in the mortgage transaction may justify a homeowner suing a foreclosure defense attorney for malpractice or at least disgorgement of fees if the homeowner were to lose their property and these problems were later identified."

(Photo:  http://photos.prnewswire.com/prnh/20121108/PH08613)

Bradford explained the strategy of "Pretender Defenders": "They use arguments like 'show me the note,' 'securitization,' 'MERS,' 'robo-signing,' and so on. Although these have some legal validity, inevitably, the entity foreclosing corrects the defects and wins because of one central fact – the borrower failed to repay the mortgage loan as agreed."  Bradford says, "These typical defenses generally amount to nothing more than STALL tactics."

If the homeowner had a choice of stalling the foreclosure or possibly getting their home free and clear, and/or a monetary settlement from the bank, does anyone really believe the homeowner would choose a stall tactic? By just delaying the inevitable foreclosure, some "pretender defenders" bill their clients anywhere from $1500.00, to $3500.00 or more upfront, and $500.00 to $1500.00 a month until their foreclosed on. In the end, the client loses their home and lost $5,000.00 to $20,000.00 badly needed for relocation after the foreclosure. Confusing Lawyer Fees Complicate Foreclosure Battles

Bradford claims that so many foreclosure attorneys fall into the "Pretender Defender" category that homeowners must develop ways to determine whether the attorney can and will be able to identify contract anomalies within the mortgage transaction. "Asking a simple question, like how many cases have you won, would be a good starting point."

This brings up a pressing question. How often do "pretender defenders" miss valid defenses that may help homeowners? A recent lawsuit by the FDIC shows that this happens all the time. FDIC had 292 appraisals performed by an appraisal management company for Washington Mutual analyzed. FDIC found "more than 75 percent of appraisals reviewed were found to contain multiple egregious violations of USPAP and applicable industry standards." http://www.policyshop.net/home/2011/6/6/the-fdics-big-appraisal-fraud-suit-why-it-smells-fishy.html

Bradford adds,  "Finding problems within the mortgage transaction is relatively easy; we find appraisal fraud in eight out of every ten mortgage transaction examined, which coincides with the findings of the FDIC, and that doesn't include other types of tortious conduct, legal errors and contract breaches that are usually present. So in most cases the homeowner has a 90 percent chance or better of having something viable that puts them in the proverbial 'driver's seat.' Settlement could result in more favorable contract terms, financial compensation, and/or the house free and clear for the foreclosure victim." http://www.wvrecord.com/news/233771-quicken-loans-on-losing-end-of-3-million-predatory-lending-verdict

"There are many options available to homeowners facing foreclosure," Bradford concludes. "However, the only process that works is to find a REAL legal dispute that a judge is willing to accept as a valid reason to slam the bank, such as contract breaches, tortious misconduct, legal errors, etc."

"If you have or had had a "pretender defender" and you lost your home or about to lose your home, contact us immediately because there's still a way to possibly get your money back, and still be compensated by your lender."

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SOURCE Mortgage Fraud Examiners