Miami Legal Tips Blog

Are You Facing a Foreclosure? An Attorney Can Help

Home OwnershipMany Florida homeowners are in the inevitable position of having to face the fact that the bank could take over their home. Depending on the specific mortgage, if you’re in default the bank indeed come after you. The good news is that you don’t have to let them. You can fight back. Work with Gilbert & Smallman, the experienced Miami trail lawyers who can assist you through the foreclosure process.

You can fight your foreclosure in court

If you’re served with a foreclosure complaint in Florida, you have 20 days to respond. You have numerous options: filing a motion to dismiss, alleging counterclaims, or answering the complaint. If you don’t respond within 20 days then the bank will move for a default judgement, which the courts will almost always grant. At that point, they’ll set a date to sell your home. Before you know it, your home will be gone. The good news is that, depending on your case, you can fight your foreclosure in court.

How to fight a foreclosure

If you’ve been served and want to fight your foreclosure, the first step is to contact a qualified Florida real estate attorney. At Gilbert & Smallman, we’ll fight for your home and for your rights. It’s common that the person who’s making a claim on your mortgage is not the original person who held that mortgage. In many cases, violations of incorrect transfers of title have taken place, which leave the bank unable to prove they own the mortgage. In this case, it may be possible for you to beat the bank and actually have your mortgage detached from your property.

In other cases, we may be able to use our expertise and our knowledge of specific judges and jurisdictions to challenge the case long enough that you’ll have the opportunity to refinance your loan, modify the terms, or go through a short sale. There are other options too and one thing is always true: you don’t know what you can do until you speak with an attorney.

Contact an experienced attorney no matter what stage you’re in

Whether you’ve already been served or you’re behind on your payments and know it’s coming at some point, now is the right time to contact us. Call us today for a free consultation. We’ll assess your case and let you know what your options are.

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