Foreclosure Defense

 

Homeowners have been hit especially hard by the wave of foreclosures that continues to threaten and burden the American economy. For those who are in foreclosure or are in eminent threat of defaulting on their mortgage payments, FAMILYLEGAL can provide you with the resources to defend against the foreclosure and act as a guide through all of the options available to you.


Aggressive And Experienced Foreclosure Defense

FAMILYLEGAL provides diligent and experienced foreclosure defense representation to homeowners throughout Florida. Our foreclosure defense lawyers fight improper bank and predatory lending practices, while offering you and your family all available solutions to the financial circumstances at the root of the problem.

At FAMILYLEGAL, we evaluate each client’s individual circumstances to determine an effective plan of action. There are many circumstances where our attorneys may be able to defend your property rights and delay or prevent the bank from seizing your home or commercial property - giving you the needed time to fully explore your options. Our team of experienced attorneys and staff will review everything concerning your scenario, from the mortgage documents, the note, the bank disclosures, to the manner in which you were served, in order to create a specifically tailored plan for your defense. Property owners who need additional time to arrange a workout, refinancing, short sale, or modification often benefit from fighting foreclosure.

Many recent foreclosure cases have been filed improperly and fail to comply with the ever changing laws. We assist our clients with the identification and filing of substantive and procedural defenses with the court and vigorously defend your case to help stop foreclosure or significantly slow down the foreclosure process. Due to the lender's actions, omissions or other facts surrounding your case, you may be able to stay in your home while we painstakingly defend your property. A successful defense can buy you precious time to:

 

• Negotiate a Loan Modification with the your lender

• Sell your home for a fair price

• Refinance your home at a fair rate

• Help restructure your financial situation

• File a Chapter 13 or 7 Bankruptcy 

• Reinstate your loan


Don't walk away from your home under the threat of foreclosure; the voluntary surrender or short-sale of your  home may have serious tax and legal implications. FAMILYLEGAL defends clients' legal rights in the lenders' foreclosure lawsuit, which can result in allowing clients to stay in the property, giving homeowners and their families the ability to begin rebuilding their finances and to plan an exit strategy.

 

No borrower or homeowner should endure foreclosure proceedings without the assistance of experienced foreclosure defense attorneys. In addition, it is now illegal in most states for anyone other than an attorney, to charge up-front fees to negotiate a loan modification with your Lender. If your lender is threatening to foreclose, or even if you've already had papers filed against you, it may not be too late to save your property. Homeowners have rights and unless they invoke such rights, they may be deemed to have waived the right to mount the best possible legal defense to save their home or property. Homeowners should also beware of lenders that continue to negotiate with a borrower while they also proceed with their foreclosure action. Many homeowners fail to defend against their lender's foreclosure actions based on false representations and false hopes that their lender will work with them and not pursue a foreclosure. This is called “dual-tracking.” While expressly prohibited by Making Home Affordable guidelines and lenders agreeing to discontinue the practice, it still persists.

 

Once you've been served with court papers or a Notice Of Foreclosure, you may have only a few days to fight back and stop your home from being sold out from under you. The longer you wait, the harder and more expensive your fight may become and you may be deemed to have waived your rights to some or all aspects of the defenses you could otherwise mount against the foreclosure. That being said, even if your sale date is just days away, in some cases it is still possible to stop the sale and keep you in your home. Ultimately, we highly recommend you contact us as early as possible in the process to protect your rights to the fullest possible extent of the law.

 

Seek legal representation now if you were served with foreclosure papers or are expecting to receiving foreclosure papers so we may promptly assist you.

 

 

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