Foreclosure Defense
Foreclosure doesn’t have to be an inevitable conclusion for the overwhelming majority of home owners.
If you’re asking “What can I do?”, know that homeowners can save their homes by taking advantage of the many loss mitigation and foreclosure alternative programs, as well as privately sponsored programs by banks and lenders.
Legal Assistance to Fight Banks
If you’re upside down in your mortgage or unable to pay your loan due to unforeseen circumstances, there are still many loan restructuring options available. Unfortunately, many homeowners have been met with difficulty while trying to obtain help directly from their mortgage company. The Attorneys at Consumer Law Attorneys can answer questions you may have, and help you save your home. There are many options available to homeowners in distress, but which one is right for you? The bottom line is this; if you’re facing foreclosure, your bank is quite literally suing to take your home. Would you ever represent yourself in court over such a high dollar amount? We’ve all heard the old adage that he who represents himself in court has a fool for a client. You may need to take aggressive action and seek the help of experienced attorneys to save your home from bank repossession. The legal team at the Consumer Law Attorneys has the experience to help save homeowners from foreclosure. We know how to fight back against the big banks.
If you’re unable to find resolution restructuring your loan, or other assistance with your mortgage by talking to your lender first, call us. We know the legal resources that are available to you that could help you stay in your home. When you call us and speak with one of our attorneys, we will provide you with a FREE consultation and provide you a list of options to help you either modify your loan, or avoid foreclosure through affordable legal representation. DON’T WAIT! There are limits to how much time you have to respond to a foreclosure complaint. Help is available RIGHT NOW! Call us today and ask to speak with one of our attorneys to find out what options are available to your specific situation.
The Foreclosure Process
We often hear the questions “What is foreclosure?” and “How does foreclosure work?” Well, the foreclosure process is actually rather simple. What’s difficult is the defense against it.
In Judicial foreclosure states, banks have to follow a standard judicial foreclosure process. This process begins when the bank/lender files a lawsuit against the borrower, in the specific county Circuit Court where the property is located. Shortly after the lawsuit is filed with the Clerk of Court, the home owner will likely be served with a Summons and Complaint. A summons and complaint is essentially the start of the lawsuit. It’s a notification that the bank has filed paperwork with the courts, in essence suing you for the entire balance of your mortgage, plus missed payments, late fees, penalties, and any legal or court costs incurred during the foreclosure process itself.
This is just the beginning of the process as, once you receive the summons, you must then “answer” the allegations in a point-by-point manner. In Florida, you only have 20 days to respond to the Complaint in some fashion. Other methods of responses to the summons may include a Motion to Dismiss, Affirmative Defenses, and/or a Counterclaim. Immediately after being “served” the Summons and Complaint you should consult with an attorney, in order to formulate an appropriate legal strategy and file the necessary response.
At some point during the foreclosure litigation, mediation may be set where a representative of the bank/lender, yourself, and your counsel will have the opportunity to discuss an amicable resolution which could include a restructuring of your mortgage loan, deed in lieu of foreclosure, reinstatement of the loan or other applicable options.
Don’t be misled – this is something you can do yourself, and there are plenty of non-profits and government sponsored organizations that will help you do it yourself – but is that the best course of action? The banks have attorneys working for them to meet you in court. Do you feel confident that you could successfully represent yourself in court? Our lawyers have extensive experience with banks and lenders defending homeowners – and it’s affordable.
Contact Us – (877) 241-2200
Consumer Law Attorneys is comprised of experienced attorneys that could help protect you from foreclosure. If you’ve received a notice of foreclosure and need to know what your options are, call us toll free at (877) 241-2200.
