FORECLOSURE DEFENSE ATTORNEYS

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.

Our foreclosure attorneys in Florida can answer questions you may have, and in, most cases, 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 Foreclosure Defense attorneys to save your home from bank repossession. The legal team at the Consumer Law Attorneys has the foreclosure defense experience to help homeowners fight their foreclosure. We know how to fight back against the big banks.

If you’re unable to find a 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 foreclosure defense consultation and 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 Consumer Law Attorneys today and ask to speak with one of our foreclosure defense attorneys to find out what options are available for your specific situation.

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.

Florida Foreclosure Laws

Florida has specific foreclosure laws in place that are designed to protect both homeowners and lenders. As with any legal situation, having a knowledgeable foreclosure defense lawyer by your side can make all the difference.

First, under the law, Florida is a judicial foreclosure state, which means that foreclosure cases must go through the court system. This allows homeowners to have their day in court and present any valid defenses or mitigating circumstances. It also provides an opportunity for negotiation and potential alternatives to foreclosure, such as loan modifications or short sales.

One important aspect of Florida foreclosure laws is the right to redemption. This means that homeowners have a specific period of time after the foreclosure sale to reclaim their property by paying off the debt. This can provide a glimmer of hope for those who want to keep their homes.

Standing up for your rights under Florida foreclosure laws is important, as lenders must follow proper laws and procedures to pursue a successful foreclosure. Our Florida foreclosure lawyers can identify when lenders make errors and use them in your defense.

Overview of Judicial Foreclosure in Florida

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 experienced 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 non-profits and government-sponsored organizations that will help you do it yourself – but is that the best course of action? The banks have aggressive attorneys working for them to meet you in court. Do you feel confident that you could successfully represent yourself in court? Our lawyers are also aggressive and have extensive experience with banks and lenders defending homeowners – and it’s affordable.

Facing the possibility of foreclosure can be concerning, to say the least. However, it’s important to remember that you have options and legal strategies available to help you defend against losing your home. Below are some common foreclosure defense strategies that our foreclosure attorneys may employ to assist homeowners like you.

Loan Modification

One of the most common foreclosure defense strategies is pursuing a mortgage loan modification. This involves working with your lender to modify the terms of your mortgage in order to make your monthly payments more affordable. A loan modification can include lowering your interest rate, extending the loan term, or even reducing the principal amount owed. By negotiating a loan modification, homeowners can often avoid foreclosure and remain in their homes.

Our attorney can negotiate a possible loan modification during foreclosure proceedings, such as in mediation or pretrial settlement conferences. However, you can also seek a loan modification before you default on your mortgage and face formal foreclosure. Contact Consumer Law Attorneys to explore options to get your mortgage payments back on track, even if you are not yet under the threat of foreclosure.

Loss Mitigation

Another foreclosure defense strategy commonly utilized is loss mitigation. This involves working with your lender to find alternative solutions to foreclosure. Loss mitigation options can include:

• Short sales, where the property is sold for less than the outstanding mortgage balance
• Deed in lieu of foreclosure, where the homeowner voluntarily transfers the property to the lender

These options allow homeowners to avoid the foreclosure process and lessen the impact on their credit, and our foreclosure attorneys can explore these possibilities.

Challenging the Foreclosure Process

In some cases, attorneys may challenge the foreclosure process itself as a defense strategy. This can involve thoroughly reviewing the documentation and procedures used by lenders to ensure they have followed all legal requirements.

Our foreclosure defense attorneys may identify discrepancies or violations, such as improper notice or documentation, which can potentially invalidate the foreclosure proceedings. Violations of the statute of limitations can also be a viable defense.

Challenging the foreclosure process can buy homeowners valuable time and potentially lead to the dismissal of the case.

Defending Against Unlawful Practices

Our foreclosure defense attorneys are well-versed in the Florida mortgage lending and foreclosure laws and regulations. If you believe that your lender has engaged in unlawful practices, such as predatory lending or deceptive practices, our attorneys can help you mount a defense.

Legal professionals can thoroughly assess your mortgage documents and financial history to identify any violations of the law. By presenting a strong defense against unlawful practices, you may be able to halt the foreclosure process.

Bankruptcy Protection

For homeowners facing imminent foreclosure, filing for bankruptcy can be a viable option to protect their homes. When you file for bankruptcy, an automatic stay is put into place, which halts all foreclosure proceedings. This allows you time to work with your attorney and explore alternative solutions to foreclosure. Bankruptcy can also result in the elimination of certain types of debt or the reorganization of your financial obligations, helping you regain control of your finances and potentially save your home.

Losing your home is not inevitable, as there are several common foreclosure defense strategies that our attorneys can use to help homeowners during foreclosure proceedings. Whether it’s pursuing a loan modification, exploring loss mitigation options, challenging the foreclosure process, defending against unlawful practices, or seeking bankruptcy protection, Consumer Law Attorneys can provide you with the guidance you need to protect your home and your financial future.

Protecting your home during the foreclosure process is difficult and legally complicated. Seeking the guidance of an experienced foreclosure defense attorney can protect your rights, allow you to explore all available options, and potentially save your home.

Don’t hesitate to contact Consumer Law Attorneys for trusted legal advice and support to secure the best possible outcome.

Here are some frequently asked questions about foreclosure in Florida and valuable insights to ease your stress in the face of this complex legal process.

How can I stop foreclosure in Florida?

If you’re at risk of foreclosure, taking immediate action is vital. Here are a few steps you can take to potentially stop or delay the foreclosure process:

• Contact your lender: Open communication with your lender is crucial. Explain your situation honestly and explore loan modification or other alternatives that can help you keep your home.
• Consult a foreclosure defense attorney: Seeking legal advice from a qualified foreclosure defense lawyer can be invaluable. They will assess your case, explore potential defenses, and guide you through the process, giving you the best chance of saving your home.
• File for bankruptcy: In some cases, filing for bankruptcy can provide temporary foreclosure relief. It can trigger an automatic stay, which temporarily halts the foreclosure process, giving you a chance to reorganize your finances and work out a payment plan.

What are my rights during the foreclosure process?

As a homeowner facing foreclosure, you have certain rights protected by law. It’s crucial to understand and exercise these rights to ensure a fair and lawful process:

• Right to due process: The foreclosure process must adhere to specific legal requirements and procedures. You have the right to receive proper notice of the foreclosure and an opportunity to present a defense.
• Right to redemption: In Florida, you may have a right to redeem your property after the foreclosure sale by paying off the full debt amount within a specific time frame. Consult with an attorney to understand if this option applies to your situation.
• Right to mediation: Florida law provides for mandatory foreclosure mediation in certain cases. This process allows homeowners and lenders to explore potential alternatives to foreclosure through facilitated negotiations.

To discuss your specific situation and seek answers to your questions, contact Consumer Law Attorneys directly for your consultation.