Business Contracts, Business Dissolution, Business Finance, Business Formation, Business Litigation, Franchising, Mergers & Acquisitions, Partnership & Shareholder Disputes
Collaborative Law, Contested Divorce, Military Divorce, Property Division, Same Sex Divorce, Spousal Support & Alimony, Uncontested Divorce
Nursing Home Abuse
Animal & Dog Bites, Brain Injury, Car Accidents, Construction Accidents, Motorcycle Accidents, Premises Liability, Truck Accidents, Wrongful Death
Additional Practice Area
Credit Cards Accepted All Major Credit Cards
Jurisdictions Admitted to Practice
Bankruptcy Court 11th
Michael D. Stewart, Esq.
Miami Lawyer Michael D. Stewart - Real Estate Law, Mortgage Loan Modification, Foreclosure Defense, condo deposit recovery, commercial litigation, Business, intellectual property, trademark, copyright, trade secrets, personal injury, contested family matters, criminal defense
Miami Law Firm
Law Offices of Michael D. Stewart
Miami Law Firm, Law Offices of Michael D. Stewart, Real Estate, Mortgage Loan Modification, Foreclosure Defense, Commercial Litigation, Contested Family matters, divorce, support, custody, Criminal Defense, Personal Injury, Business, Intellectual Property, Trademark, Copyright, Unfair Competition
Real Estate Attorney, Foreclosure Defense Attorney
Stewart Law Offices, LLC
Law Offices of Michael D. Stewart provides Real Estate Services, including foreclosure defense - we can stop the bank from taking your house. We will then negotiate with the bank to receive a mortgage loan modification on your home. This can reduce the principal amount you owe on your house, oftentimes back to market value, particularly for those whose homes are underwater. We will also seek to reduce the interest rate on the loan, and can assist with refinance, short sale, deed for lease, or deed in lieu of foreclosure and bankruptcy if necessary.
If you entered into a bad loan, with a bank such as Countrywide; now Bank of America, oftentimes there were a number of potential defects with the loan. Some such defects were Robosigning, where your signature was notarized without you being present, or the bank failed to provide you with all of the required disclosures when issuing a loan. Other problems relate to what happened to your mortgage and note after you obtained the loan.
If you have been sued for foreclosure, you have 20 days to file a response to the banks allegations. This can be done through either a Motion to Dismiss or through an Answer with Affirmative Defenses. One of the main problems with bank or servicer foreclosures has been that they lack standing to bring the lawsuit in the first place - meaning that they don't actually own what they say they own or have a right to enforce the mortgage or the note.
This has occurred because your loan was transferred from bank to bank, and the recordings of the transfers, if even done, were done through a bank created company called MERS or mortgage electronic registration system. MERS was created so that the banks could more easily and cost effectively transfer your loan between themselves. However, MERS actually created significant problems when it came time to determine who actually owns the mortgage and the note.
In our law firm's Motion to Dismiss, or Answer with Affirmative Defenses, we raise these as well as a number of other issues. Further, we file numerous pages of discovery, or requests for documents and admissions. The discovery filed usually includes interrogatories, requests for admissions, and requests to produce documents. We also often rely on deposition testimony, such as from the robosigners who were supposed to have legally notorized your signature but didn't. In other cases signatures have just been forged.
Through this litigation process, we seek to come to a resolution with the bank as to who owns the mortgage and the note. This often results in the bank conceding to the homeowner and providing a reduction in the principal amount of the loan - often in the hundreds of thousands of dollars, forgiving back debt, and reducing principal.
If you require assistance, contact Law Offices of Michael D. Stewart at 866-438-6574
Legal Services are provided in New York and Miami.
Florida Personal Injury Lawyer
Miami Injury Attorney Michael D. Stewart, Esq.
Slip & Fall
Dangerous Product Injury
Cruise Ship Injury
Dog Bite (Pit Bull)
Wrongful Prescription Injury
The Miami and New York Offices of Law Offices of Michael D. Stewart provides Personal injury, wrongful death, medical malpractice, Automobile Accidents, Products Liability, Cruise Ship accidents, amusement park accidents, slip and fall, catastrophic injury, animal bites, motorcycle injury, trucking accidents. Law Offices of Michael D. Stewart - Florida, NY.
If you, or someone you love, have been injured in an accident call our firm and we will work to see that you recover what you deserve. There is no fee until you recover for your losses to person and to property.
We will not stop until you are adequately compensated for your losses. We will obtain the money you deserve either through legal settlement or through trial, where we will retain medical and other experts to testify on your behalf.
After an injury it is crucial to retain a lawyer as soon as possible so that the lawyer can retain the required investigators to insure that necessary evidence is preserved and saved in proper condition for trial.
We will assist you with paying your medical bills and sending you to the appropriate doctors for your injuries. In fact, there will likely be no medical bills to pay as our firm will provide the hospitals and doctors with a Letter of Protection guaranteeing to pay the bills should the lawsuit be unsuccessful. We seek to make the difficult process of recovering from injury as simple as possible.
Call us for your personal injury, wrongful death, medical malpractice, catastrophic injury and other injury matters.
Lawyer offices in Florida and New York.
Law Offices of Michael D. Stewart
The Miami Law
California Western School of Law
Phi Alpha Delta Associate Justice
Activities: Florida Lawyer Michael D. Stewart. Real Estate, Mortgage Loan Modification, Foreclosure Defense, Commercial litigation, contested family matters, divorce, support, custody, Business, Intellectual Property, Trademark, Copyright, Unfair Competition, Personal Injury, Criminal Defense