Received a letter from an attorney saying you don’t really own your home?

November 3, 2010

If you’ve recently purchased a foreclosed home in Florida and have received a letter in the mail from an attorney telling you that you don’t really own the home due to errors made by the bank or law firm that handled the foreclosure RELAX. This is a ploy by an unethical attorney to get you to pay them money to not kick you out of your home. I’ll explain….

It has come to my attention that certain lawyers are sending out these letters “on behalf” of their clients, the previous owners, but more than likely the previous owner is not even aware that the letter has been mailed to you.

Here is an example of one such letter:

Dear So and So:

Kindly accept this correspondence on behalf of my client, Bob Smith. I know that you closed on a property located in Pasco County, Florida and you believe you own the property.

While it is true there is a big problem currently with thousands of foreclosed properties that problem doesn’t suddenly render your purchase of the property null and void. The government has not yet resolved the issue. More than likely the issue will be resolved without anyone being kicked out of the home they purchased. Worst case scenario the title company that issued the title insurance will have a claim against them by the previous owner. But there is no reason to believe anyone will get booted out of their newly purchased home.

However, due to errors made by the law firm that attempted to foreclose on the property immediately prior to your attempted purchase of the property, the Final Judgment of Foreclosure is Void Ab Initio and my client is still the true, correct and legal owner of the property.

Notice the repeated use of the word “attempted.” The attorney is trying to plant the seed that you didn’t “actually” purchase the property but merely “attempted” to purchase it. How do they go about demonstrating that you don’t really own the property, but merely attempted to purchase it? They throw around legal terms such as “Void Ab Initio” which basically means “null and void.” The attorney is saying that your contract was never really a legally binding contract. Well, has a court made such a decision or is the attorney simply trying to scare you with legal terms? I posit that he or she is attempting to bully you. And I’ll show you the motive in second.

Please be advised that my client has a claim as the true and rightful owner of the property, has the legal authority to enter on and re-take possession of the subject property at any time without court order…

Personally, if I received such a letter I would call the media and get them involved. This attorney is saying that the previous owner can come into your home and reclaim it. This would be funny if this letter wasn’t literally going to scare the crap out of anyone that receives it. I seriously suggest you call your local news station if you get one of these letters. I imagine this would be worth the news station investigating and you could end up getting some of these attorneys into trouble.

…although we will wait to negotiate with you and will seek court confirmation of this right.

Ahh! Here it is! The real reason the letter went out is because the attorney is attempting to capitalize on the foreclosure crisis and scare uneducated homeowners into forking over huge sums of cash in order to avoid losing the house they recently purchased. You already bought the house and this unethical lawyer is trying to scare homeowners into responding out of fear. Unless you get something on paper from the court this attorney is simply trying to trick you into calling him and “negotiating” something you don’t need to negotiate.

If you get such a letter please post the text of the letter here minus any personally identifying information. You’ll be helping other homeowners avoid being ripped off by an attorney.

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