Miami Legal Tips Blog

Don’t Let The Bank Take Your Home

How Do You Fight A Foreclosure?

Through the hiring of an experienced lawyer, you can fight for your home and your rights.

Photo Credit flickr.com

Often times the original person who held your mortgage is not the person who is now claiming to own your note. Due to certain violations and improper transfers of title, many times the bank can’t prove they own your note, and you can potentially beat the bank and detach the note from the property. Depending on the judge and jurisdiction, through challenging the standing of the Plaintiff, many foreclosure defense lawyers have been successful in holding the banks off for an extended period of time, and in the process allowing the homeowner to refinance, modify their loan, or conduct a short sale.
Contact one of the foreclosure defense lawyers today at The Law Offices Of Gilbert & Smallman. We have offices conveniently located in Miami and Fort Lauderdale in order to better serve you. Even if your not yet in foreclosure, contact us today to discuss your rights. In Miami call (786) 371-4431, and in Broward please call (954) 661-7371.

How You Can Fight the Foreclosure Process in Florida

By Nick Adama 

Nick publishes articles for the My Foreclosure Lender website. These articles provide information to families facing foreclosure, describing a number of alternatives they can use to stop foreclosure. The site details numerous solutions, including loan modification, foreclosure loans, deed in lieu, filing Chapter 13, and others. Visit the site to find out more about how the foreclosure process works: http://www.myforeclosurelender.com/

If you reside in Florida and are facing the possibility of having your home repossessed, you are probably trying to find out as much about it as you can. Foreclosures are carried out through local court proceedings. The entire process starts when you fall at least thirty days behind on your mortgage payments, though you can usually go at least ninety days or longer without the courts becoming involved.

The bank from of your mortgage initially files a notice with the courts. If you are under the impression your lender may have done so, you will know for sure when you receive a letter in the mail or delivered by a local sheriff’s deputy. Do not ignore this clear warning as if it were junk mail or simply a notice against your home that you can not respond to. You have to respond to it within the period of time stated on the notice.

If you fail to reply to your foreclosure notice in the given time allotment, the court will rule against you and award the lender a default judgment. This means the court can assign a sale of your home to justify the judgment, which includes the total balance still owed to the mortgage holder in principal, interest, fees, and court costs. Under Florida foreclosure law, you can still save your home at this stage all the way up to the scheduled date for the sale of the home by acquiring enough funds to repay the lender everything you owe.

To give you an idea of how much time you have to get the required funds to pay your lender back, the scheduled date for the sale of a foreclosed home is usually between 20 and 35 days following the court’s decision. The originally set date is always subject to modification based on the court’s calendar, locality and conflicting schedule times of the auction itself. Homeowners and banks can also work together to postpone a sheriff sale if there is a possibility of another solution solving the problem.

Notices are kept up-to-date weekly for at least two weeks and the official date and time is announced five days before the auction. This way, even though times and dates may change during the proceedings, you have a clear knowledge of the exact date five days in advance. This is an especially important deadline to keep in mind when negotiating with a lender for a loan modification, short sale, or other option to foreclosure.

If this is the stage you are at right now with your Florida foreclosure, it is not too late! You can still get your home back by making your account current once again. Remember, this will probably include the payment of late fees and other charges your account may have built up in the time you were behind in your payments. You may be able to pay up the account by borrowing money from friends and family, cashing in assets, refinancing, or even just selling the house.

No matter where you are in the legal process of losing your property, you probably still have options. As long as ownership of the home has not been changed, there may be solutions available. You can learn exactly how to go about ceasing foreclosure even in these late stages by meeting with a financial and foreclosure professional. Be sure to choose a reputable source.

The Law Offices of Gilbert and Smallman have the experience to handle foreclosure cases within the State of Florida as well as in Federal Court in the Southern District of Florida. Their priority is fighting for your home.

Visit us at: Gilbert and Smallman PLL, The White Building One Northeast Second Ave, Suite 200, Miami, FL 33132, (786) 863-8568 or 909 East Park Avenue, Tallahassee, FL 32301, (850) 391-7045.

 

 
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