Miami Legal Tips Blog

Answers to Your Frequently Asked Questions About Florida Foreclosures

home-mortgageNo one wants to face foreclosure and yet thousands of people across the state of Florida must do so every year. If you’re in this position, then it’s likely you have questions. At Gilbert and Smallman, we are happy to answer your questions and are here to provide a free case evaluation. You can also read on to learn the answers to some of the most frequently asked questions we get.

What exactly is a foreclosure?

Most people know that if they’re unable to pay their mortgage, that they could be facing a foreclosure. Essentially, foreclosure refers to the bank who holds your mortgage trying to take your home. The good news is that you don’t have to let them. There are many options for moving forward and you don’t have to simply throw up your hands and accept the foreclosure.

Can I fight a foreclosure in court?

In short, yes. However, there are a few things to know. First, if you’re served with a foreclosure complaint from the company that owns your note / mortgage, then Florida law gives you only 20 days to respond. There are three main ways you can respond: filing a motion to dismiss, alleging counterclaims, or answering the complaint.

If you choose not to answer the complaint then the bank will get a default judgement. The bank can then set a date to auction of your home. This is why it’s so important to contact Gilbert and Smallman as soon as possible.

How can I fight a foreclosure?

The first step is to hire an attorney who can help you. We’ll take a close look at your situation and find the best option for moving forward. For example, in some cases the company that you signed your mortgage with may not be the one who’s trying to foreclose on your note. In some cases, title may not have been transferred to them correctly and they may not be able to prove to the courts that they actually own the note to your home.

In other cases, we may work to hold off the bank for long enough that you can refinance the loan, find a way to modify it, or do a short sale that would work better for you. Again, your case is different than any other Florida foreclosure. This is why you should take advantage of a free case evaluation as soon as possible.

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