Homeowners in Florida have faced some of the most egregious foreclosure predatory practices in the nation, with lenders frequently violating their legal rights. When borrowers miss a mortgage payment for any reason, their loan may be considered in default. The lender then acknowledges the default with a letter notifying the borrower to address the issue within a certain time period. However, if the borrower does not correct the default by the imposed deadline, lenders will then direct their attorneys to begin the foreclosure process. This can take three to six months – or sometimes considerably longer – depending on the circumstances.
The foreclosure process formally begins when the homeowner (Defendant) is served with a Summons and Complaint of foreclosure by a process server, sheriff, or in some cases via publication in a newspaper. When served, the homeowner has 20 days to file a written response to the Complaint with the Clerk of the Court in the county the property is located, and must also send a copy to the attorney representing the Plaintiff (Lender) in the matter. Once served with a Summons, the Defendant should seek a skilled foreclosure attorney to ensure that his or her rights are properly protected.
In addition, Florida is a Deficiency Judgment state. This means that one year from the sale of the property, the Plaintiff may sue anyone who signed the promissory note for the difference owed from the sale. If they sue and are successful, they can collect upon this Deficiency Judgment for 20 years by garnishing wages or attaching assets with certain exemptions.
Know that there are a number of ways to fight foreclosure by working with an experienced foreclosure defense attorney. The loss mitigation process can take months or years to complete, which is why it is prudent to hire an attorney to represent one’s interests and to prevent the Plaintiff from moving straight to a conclusion of the foreclosure.
Glantzlaw attorneys are experienced in the practice of foreclosure defense. We use every legal opportunity to protect you and preserve your interest in your home. Some of our legal services related to foreclosure defense include assisting clients with:
Homeowner options may include loss mitigation, which is the process in which Defendants can try to work out a solution with the Plaintiff before the property is lost to foreclosure sale. The process may include Loan Modifications (to save the property), or Short Sales and Deeds in Lieu of Foreclosure (to rid oneself of the property).
Contact us to schedule a consultation to find out how our Florida foreclosure defense attorneys can help you keep your home. Glantzlaw represents clients throughout the state of Florida, including Broward County, Miami-Dade County, Palm Beach, and Collier County.CONTACT US TODAY