Ditnes & Marcus Mortage Foreclosure Defense and Loan Restructuring
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Pennsylvania Bar Association

Philadelphia Bar Association

American Trial Lawyers Association

National Association Consumer Advocacy

Philadelphia Chamber of Commerce

Montgomery County Chamber of Commerce


Loan Restructuring

Don’t be sold by a ‘loan mod’ company, where you’re giving away your legal rights! Call us and discover what kind of valuable leverage you have against your mortgage lender!

Once your lender knows that the groundwork for litigation has been established, we will be in a position to dictate the type of loan restructuring that you want.
Whether you are current on your mortgage payments, somewhat behind, or already immersed in the foreclosure process, the possibility of a loan restructuring on your terms is real. It’s extremely likely that once we review your specific homeowners’ rights we will establish the legal leverage you need to negotiate with the bank on your own terms.

Most voluntary loan modifications wind up in foreclosure within a year.
The loan modification programs offered by so many companies cannot provide you with the legal insight necessary to give you the best leverage against your lender, legal leverage. The reason these programs are not the kind of long-term solution homeowners desperately need is that they ignore the legal rights of the homeowner, and only through enforcement of these rights are you able to take back control in the relationship with your lender. Voluntary loan modification programs are driven by income and performed according to the banks’ terms, so why would you expect them to truly benefit you? Only with the insight of attorney expertise guiding you through our specific loan restructuring process can you utilize your legal leverage and achieve a result that will actually save you money and/or allow you to stay in your home.

Legal Standing Issues
A mortgage is simply the security for the note. The note is the legal obligation to pay the mortgage. Over the last several years the banks have sold the mortgage and the note as two separate unsecured instruments. By doing this, many times the mortgage and note find their way into the hands of two different entities where one bank owns the note and another owns the mortgage. When this happens, however, neither entity has the legal standing to foreclose on your property or even the legal right to collect mortgage payments each month. With these types of legitimate legal arguments, homeowners can bring the fight to the bank with the type of legal leverage that could make the difference between getting a loan restructured or continuing to languish under the terms of the current loan.

Forensic Loan Audit
Once we review the forensic audit we can establish the potential violations that have affected your rights as a homeowner. We will then help you utilize your legal leverage to negotiate a loan restructuring on your terms, stop and/or eliminate a foreclosure, or seek damages against the responsible parties.

Financial Hardship
Many homeowners seeking our help are behind on their loan payments because they have a financial hardship of some kind. We incorporate the hardship with our legal findings and the existing issues with the loan, providing our clients with the best possible opportunity to achieve a restructured loan without having to enter the litigation process.