Foreclosure Defense
In many cases, it is possible to work
out new financing arrangements, counsel on the sale of property
or otherwise manage a foreclosure in a manner most advantageous
to the homeowner without litigation. In some cases, a Chapter
13 bankruptcy may be utilized to prevent the foreclosure of a
home.
Most
homeowners do not realize that a foreclosure can be defended in
Florida. The fact that you can defend against a foreclosure
proceeding does not mean that you will prevail and
not have to pay your back mortgage payments. However,
if you have equity in your home it may be protected
by such a defense and you may not
be subjected to a fast foreclosure, you may stand a
better chance at economic survival.
If
your lender has not received their monthly payments when
due, you have defaulted on the mortgage and note.
That does not mean that you must leave the property
immediately, as is the case when a person fails to pay their
rent.
A
continuing default on a mortgage gives the lender a right to
seek the judicial sale of your Florida residence by bringing a
foreclosure action under Chapter 702 of the Florida Statutes.
In almost all instances you are in the wrong not
because you wanted to stop paying on the mortgage but
simply because events in your life resulted in a financial
inability to pay on your mortgage. Although you have
defaulted and are in the "wrong" that does not
mean that you have to rollover and abandon your home
or just wait for the inevitable.
Foreclosure Defense Attorneys may be able to
use Florida's foreclosure laws to protect your home
when you face foreclosure. We strongly advise you to
beware of "Non-Lawyer assistance" programs and or
companies which cannot represent you and protect you
in a court of law against a foreclosure
lawsuit.
Do
you know the full extent of your legal rights? Have you
received notice that foreclosure proceedings will begin on your
home? Contact a Florida Foreclosure Defense Attorney today,
to explain your legal rights and options and put those
rights to work for you. Find out how you may stop home
foreclosure with the foreclosure laws of
Florida.
You
must act quickly to avoid foreclosure on your home. In most
cases you only have 20 days to respond to the summons and
complaint.
Financial downturns can be
overwhelming, a Florida Foreclosure Defense Attorney
may provide alternatives in this difficult
time.
If you are
considering Bankruptcy, click here
|