The commitment of the office of Dennis G. Knipp is to present a strong legal defense. This defense will maximize the time the family has to reside in the home and provide leverage to settle the matter on the terms satisfactory to the client.
Upon retention the clients are rigorously interviewed and the documents of origination and those issued throughout the loan are carefully examined. Defenses available to the client are raised in the initial pleadings. A Qualified Written Request is submitted to the current servicer regarding any issues raised in the interview.
If personal service was improper or service by publication was unwarranted, an appropriate motion to quash is brought. This motion may take months to litigate. Many of these motions have resulted in the quashing the service requiring the plaintiff to start over and to provide proper service. This can often take considerable time.
Frequently the homeowner has not received a proper pre-foreclosure notice such as a notice of acceleration required by the mortgage or a grace period notice as required by statue. FHA mortgages require an attempt to set up a face-to-face meeting. If such notices have not been provided, Dennis will move the court to dismiss the case. Many cases have been successfully dismissed. Some cases have been voluntarily dismissed by the lender when faced with this motion.
Many times the foreclosure complaint itself, in the opinion of Dennis, will be legally insufficient. In these cases a motion will be brought to dismiss the case for this reason.
After motions to dismiss have need exhausted, an answer with affirmative defenses and counterclaims, if available, will be filed. Affirmative defenses and counterclaims will be unique to each case.
The goal of the defense is to provide valid defenses that will provide the homeowner the time and leverage to arrive at an appropriate settlement. The goal is always to help the homeowner keep the home, settle the case, or limit their liability.