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Foreclosure and mortgage debate leads to south Florida lawsuit

Anyone facing a foreclosure in the Tampa area should be aware of his or her rights. There are options available but a person should also know that although there are valid methods to find help, there are also foreclosure scams. It's important to understand the differences between the two.

A Florida trust company has asked a Broward County judge to throw out a lawsuit against it, which was filed by the Attorney General's office last month. According to the suit, Whitestone Capitol Trust has been charged with falsely misrepresenting that it could cancel or void homeowners' mortgages as well as charging them with illegal upfront fees to avoid foreclosure. However according to the company's attorney, the Attorney General's office has not produced any evidence that the trust company has caused any damage to a homeowner.

The Attorney General's office claims that the trust company is a mortgage relief scam. It claims that homeowners have paid fees to the trust company to put their homes in a land trust, but the homeowners have not received any relief from their mortgage payments. The attorney for the trust company claims that the company has done nothing wrong including any violation of Florida's consumer protection laws. Therefore he is asking a judge to throw the case out.

No one ever wants to go through a foreclosure, but there is hope for someone in this position. Just because a person receives a foreclosure notice it doesn't mean he or she has to immediately move out. A knowledgeable foreclosure attorney can help you get a little more time as you figure out your best options.

Source: South Florida Sun Sentinel, "Broward land trust firm fights Florida Attorney General lawsuit," Donna Gehrke-White, Sep. 16. 2013.

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