Miami Legal Tips Blog

Your Foreclosure Timeline in Florida May Be Shorter Than You Think

home-mortgageIf you’ve bought a home then you know how many documents had to be signed. In many cases, homeowners don’t review every one of them. As a result, they aren’t aware of exactly how quickly a foreclosure can take place or what their options are. If you’ve found yourself in trouble and behind on your mortgage then today is the right day to call a real estate attorney. At Gilbert & Smallman, we can help.

Don’t allow a bank to foreclose on your home

In Florida, there are more foreclosures happening every day than you may be aware of. Facing the fact that a bank could be taking over your home is a daunting and can be painful. In fact, for many people, it’s paralyzing: They simply don’t think they have any options. The reality is that being in default doesn’t automatically mean you have to allow the bank to take your home. Call an attorney who has experience helping people through this process. Call Gilbert & Smallman.

The truth about not fighting your foreclosure

Many clients ask us: What happens if I don’t fight my Florida foreclosure? First of all, you should know that if you get served with a foreclosure complaint from the company that owns your mortgage, the state of Florida only gives you twenty days to respond. You do have several options in the way you respond, such as a motions to dismiss, alleging a counterclaim against the company, or otherwise answering the complaint. However, if you don’t respond at all, then the bank will move for – and likely get – a default judgment. They can then sell your home and you’ll lose it faster than you think.

You can fight a foreclosure

When you hire an attorney, you’ll get personalized information on how you can move forward. For example, in some cases, there may have been an improper transfer of title along the way, or a bank won’t be able to prove that they are the owner of the note. In this case, you could actually have the mortgage removed from your property. We may also hold them off for a period of time, which gives you the chance to refinancing or otherwise modify your loan.

There are many ways to respond to a foreclosure – even if you don’t have the money right this moment to get out of default. The reality is that you don’t know what your options are until you move forward and work with an attorney.

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