Fighting foreclosure is what we do. You do not have to let your house be foreclosed on. If you have been served a notice of foreclosure by your lender, you can work with us at our firm in order to fight foreclosure – and keep your home!

The process of foreclosure in Florida can ultimately lead to an accelerated default judgment and sale of your home if you fail to respond to the Complaint within the mandatory 20 days. You may also lose certain rights and defenses and limit your legal options.

We can start the process of by evaluating your particular situation and discussing your potential alternatives to foreclosure. A loan modification, short sale or filing for bankruptcy may be the right option for you. Whatever our specific strategy, the goal will be to help you reach your unique goals and face a better financial future. Our goal is to keep you in your home. For more information contact us HERE

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There are specific alternatives to foreclosure that can be explored if your lender has threatened to foreclose or if you have been served a notice of foreclosure. It is important that your choice is best not only for you now, but also for you in the long term.

Following are some of the alternatives:

• Loan Modification: 
  A loan modification may be an option if you have fallen behind on your mortgage payments and are now facing exorbitant fees in addition to your past due payments. We can negotiate with your lender to modify the terms of your mortgage agreement and possibly work out a payment plan so you can actually catch up and then keep current on your mortgage payments.
• Short Sale: 
  If you do not want to keep your home but want to avoid foreclosure, a short sale may be the right option for you. In a short sale, you would find a buyer for the house and negotiate with the lender in order to sell it for less than it is worth, but still fulfill your obligation to the lender (i.e. the lender is accepting a lower payoff than what is owed).
• Bankruptcy: 
  Bankruptcy may be the answer to stay foreclosure proceedings. Once you file for bankruptcy, the lender must stop all efforts to follow through with foreclosure. This can give you valuable time to negotiate with the lender or work out another way that you can keep your home.
• Deed in Lieu of Foreclosure: 
  A deed in lieu of foreclosure is another option for a homeowner who wants to avoid foreclosure but does not mind losing his or her property. With a deed in lieu of foreclosure, the homeowner would effectively give the property back to the lender without further damaging his or her credit due to foreclosure. For more information contact us HERE

  
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After you are served with a notice of foreclosure, you have 20 days to file an answer. This is an opportunity for you to write a defense to foreclosure proceedings. Properly filing an answer to a foreclosure complaint can buy you the time that you need to figure out a valid alternative to foreclosure, or can stop foreclosure proceedings altogether.

While you can file an answer to a foreclosure complaint without an attorney, it is highly recommended that you seek legal assistance. Your attorney can actually file your answer to foreclosure for you, saving you time and ensuring that it is done correctly. Your answer must be valid to have even a chance of being taken seriously by the court.  

We will discuss all of your options and identify the strategy best suited to your needs and objectives. We will also examine your closing documents for TILA, RESPA and HOEPA violations.  By taking legal action we can provide you the time to stay in your home while we negotiate a loan modification or settlement with the lender(s). Answers, motions, interrogatories, defenses, discovery, and trial all present opportunities to negotiate a solution with your lender. An active defense can help to convince your lender that there are better solutions for both parties than the continued time and expense of litigation.  Throughout the process we will communicate with you in order to keep you informed of the status of your case.

A notice of foreclosure is not the end, but only the very beginning of the process. Let our team assist you so that you can make informed decisions. For more information contact us HERE

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A Deed in lieu of foreclosure is a deed instrument in which a mortgagor (i.e. the borrower) conveys all interest in a real property to the mortgagee (i.e. the lender) to satisfy a loan that is in default and avoid foreclosure proceedings. In layman's terms, a deed in lieu of foreclosure occurs when you give your property back to the lender because you can no longer afford your mortgage and cannot get current again

The lender will then sell the property in order to recover part or all of the loan balance that you owed. With a deed in lieu of foreclosure, a homeowner is able to keep the negative effects of a foreclosure from his or her credit.

This option offers several advantages to both the borrower and the lender. The main advantage to the borrower is that it immediately releases him/her from most or all of the personal indebtedness associated with the defaulted loan. The borrower also avoids the public notoriety of a foreclosure proceeding and may receive more generous terms than he/she would in a formal foreclosure. Another benefit to the borrower is that it hurts their credit less than a foreclosure does.

Advantages to a lender include a reduction in the time and cost of a repossession, lower risk of borrower revenge (metal theft and vandalism of the property before sheriff eviction), and additional advantages if the borrower subsequently files for bankruptcy. For more information contact us HERE

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• What is foreclosure?

Foreclosure is legal action taken by the lender to reclaim ownership of a property in order to satisfy a homeowner’s debt.  Foreclosure notices are typically served after a homeowner has defaulted on his/her mortgage loan for a period of time.  When the foreclosure process is complete, the homeowner will have lost his/her property, and the deed to the property will belong to the bank or lender.

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If you have been served a notice of foreclosure, it is important to act quickly in contacting an experienced attorney.  An attorney can protect your rights and provide you with the advice, guidance, information, and resources you need to get through this difficult time.

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Depending on your situation, you may be able to prevent a foreclosure from happening.  An experienced foreclosure defense attorney would be more than happy to meet with you to review your situation and determine whether there are steps that can be taken to prevent your home from being foreclosed on.  We can help you fight your foreclosure!

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There are a number of alternatives to foreclosure you can explore with the help of an attorney, such as loan modifications,short sales, deed in lieu of foreclosure, and bankruptcy.

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Yes. A foreclosure will have a negative impact of your credit rating, which is why it is so important to fight your foreclosure if possible.  

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