Florida Foreclosure Defense Attorneys
Experienced Foreclosure Defense Lawyers Providing Strategic Solutions To Help Stop Foreclosure and Save Your Home
If you have stopped making payments toward your mortgage, you are likely to face foreclosure. This is the process that banks use to force mortgage holders to sell their property. The money from the sale of the home is used to cover the mortgage holder’s remaining debt.
Foreclosure is an incredibly stressful process for homeowners, but you are not alone. In 2021, Florida ranked number 8 out of the 50 United States with the highest foreclosure rates, with one in every 7,251 homes going into foreclosure.
If you are facing foreclosure, do not hesitate. Make sure to speak with an accomplished foreclosure attorney as soon as possible to protect your rights and help save your home.
When your home is being foreclosed on, it is normal to feel overwhelmed. That is why you need a trustworthy legal representative.
The skilled Florida foreclosure defense attorneys at our Foreclosure Defense Law Firm have more than thirty (30) years of combined experience. Let our accomplished legal professionals protect your rights and fight for you.
What Are the Common Causes of Foreclosure?
Typically, foreclosures happen as the result of existing financial difficulties.
Examples include:
- Medical bills from illness or injuries
- Divorce or the end of a partnership
- Job loss or other reduction in income
- The decline of a family-owned business
- Death of a partner or other family member
These are only a few examples of the unforeseen events that can make it impossible for homeowners to keep up with their mortgage payments.
Fortunately, if you are facing foreclosure, you have options. When you contact our Foreclosure Defense Law Firm, an experienced Florida foreclosure defense attorney will examine the circumstances of your case.
At our Foreclosure Defense Law Firm, we will exhaust every legal option to help you avoid foreclosure.
How Does Foreclosure Defense Work?
An experienced foreclosure defense lawyer can present you with many potential options to keep your home. An accomplished attorney will have years of experience and a thorough understanding of foreclosure laws.
The attorneys at our Foreclosure Defense Law Firm understand how to effectively negotiate with lenders and the strategies that are the most effective.
Mortgage Modification
One of the simplest ways to keep you in your home is a mortgage modification. Through this process, your attorney can renegotiate the terms of your mortgage with your current financial situation in mind.
A mortgage modification has the potential to stop the foreclosure process.
However, this option is only possible if the lender is willing to renegotiate the terms of your loan, or if it can be compelled to do so. That is where a trusted Florida foreclosure defense attorney comes in.
When you hire a legal professional with a track record of success, you will have the best chance of modifying your mortgage. Our foreclosure defense attorneys understand how to create leverage in your favor.
At our Foreclosure Defense Law Firm, we have the needed background and experience, giving you the best chance to settle with lenders on terms that are advantageous. Often this involves the ability to fight the legality of foreclosure based on flaws in the lender’s case.
Some Common Lender Errors in Foreclosure Defense Cases?
Sometimes, the best defense is an effective offense. A skilled attorney can help you fight your foreclosure using every option available to you.
Citing Violations
In some foreclosure cases, the mortgage lender does not adhere to the technical requirements of its own template contract(s), including the mortgage itself. Or, perhaps they violated federal, state, or common law procedures throughout the lending or foreclosure processes.
If your bank did not adhere to certain substantive or procedural requirements, the validity of the foreclosure may be in question. A competent attorney will examine your case to determine whether the lender complied with the law in initiating foreclosure.
If not, you have additional leverage to stop the foreclosure and/or settle the case on more favorable terms.
The Question of Standing
To foreclose on your home, the bank must prove that it has the legal right to do so. If the bank is unable to prove that it is the holder of your mortgage, then it lacks “standing.”
In other words, the bank must be able to provide evidence that it actually owns the mortgage it seeks to foreclose. Surprisingly, this is often not the case. When you hire a Florida foreclosure defense attorney, they will examine whether the foreclosing lender has legal standing to do so.
Incorrect Servicing
If your home loan was incorrectly serviced, it could affect the legitimacy of a foreclosure. There are many examples of incorrect servicing.
Some of the most common examples include:
- Mistakes in crediting previous payments
- Violating fee agreements
- Mis-applying property taxes or homeowners’ insurance payments
- Assessment of unreasonable charges or fees
Any error that relates to the servicing of a mortgage can affect the status of a foreclosure. Accomplished foreclosure defense lawyers know how to uncover servicing errors and protect your best interests.
Violation of Servicemembers’ Rights
Some foreclosing lenders violate the rights of active-duty servicemembers. Under the Servicemembers, Civil Relief Act, those on active duty or preparing for active duty are protected from civil action.
If your lender has violated your rights as an active-duty servicemember, a competent attorney can use this as a defense against foreclosure.
No matter what circumstances led to your foreclosure, you need aggressive, competent representation. A Florida foreclosure defense attorney will give you the best chance of securing a positive outcome in your case.
Are Loss Mitigation and Bankruptcy Useful Options?
When you are facing the prospect of foreclosure, it is normal to be concerned about your financial future. A legal professional will review the facts of your case and work to protect you.
Some loans include options for loss mitigation. A loss mitigation approach can give you additional opportunities to remain current on your mortgage payments.
Most lenders do not make these options known to their borrowers. Without a skilled Florida foreclosure defense attorney, you would probably remain unaware of this option.
When you contact our Foreclosure Defense Law Firm, our team of specialists will explore loss mitigation options in your case. Some homeowners have several options for approaching this foreclosure defense strategy.
If other options are unavailable, Chapter 13 bankruptcy reorganization may force your mortgage lender to accept an affordable alternative in order to save your home. If you are approved for Chapter 13, you are given three to five years to catch up on mortgage payments.
Request A Free Consultation With An Experienced Florida Foreclosure Defense Attorney
Homeowners know that a house is more than just a piece of property or financial investment. A home contains many important memories with friends and family.
Foreclosures are always stressful. Fortunately, borrowers have a wide range of legal options for defending against foreclosures.
If you are facing the prospect of a foreclosure, do not hesitate. When you need a Florida foreclosure defense attorney, look no further.
The accomplished team at our Foreclosure Defense Law Firm boasts more than three decades of collective legal experience. We know the difficulties that homeowners face during the foreclosure process.
Because of this, we provide new clients with a free consultation to discuss the facts of their cases. We will help you determine the best path forward in your situation.
Our clients know that we fight hard for them. That is why our law firm has an A+ rating from the Better Business Bureau. Contact our Foreclosure Defense Law Firm today to schedule your no-cost initial consultation.