Foreclosure Defense

Boss Law has successfully represented hundreds of homeowners who were facing foreclosure. The goal of our St. Petersburg foreclosure attorneys is to help each client find a way to save their home. We have helped numerous clients avoid foreclosure completely and helped others avoid judgments after a foreclosure. In addition, we can even delay a foreclosure, allowing you additional time to either sell or vacate your home. Boss Law is here to help, so don’t wait to give us a call at (727) 877-3188.

About Foreclosure in the State of Florida

Foreclosure begins after a borrower defaults on his or her mortgage terms. Most mortgage lenders will begin the foreclosure process 90 to 120 days after the last mortgage payment was made. While mortgage lenders may try to work with you, ultimately, the foreclosure process will begin. At this point, the first step is to contact a qualified foreclosure defense attorney for advice. Upon service of a foreclosure complaint, you have 20 days to respond to the foreclosure and provide a defense.

What Happens if I Don’t Respond to the Foreclosure?

If you fail to respond to the foreclosure complaint within 20 days, the court may enter a default against you in favor of the mortgage company. The foreclosure action will continue and will result in the court ordering the sale of your home to satisfy the outstanding debt.

What Happens if I Respond to the Foreclosure?

If all parties answer the complaint, the court will set a hearing. After the hearing, a final judgment is entered by the court. The judge may rule in favor of the lender. If that happens, the judge can order the sale of your home within 30-45 days.

Foreclosure Sales: What Happens Next

At a foreclosure sale, the property will be up for sale to the highest bidder. The bidder will then receive title to the property 10 days after the sale. If someone is living in the property at the time, they may be evicted or removed from the property subject to a writ of possession. During the 10 day period following the foreclosure sale, the defendant can contest the sale, but only if he or she can prove that there were irregularities in the auction process, which resulted in the property being sold far below its value. The foreclosure process can be complicated and heart-wrenching.

Your Options If You Are Facing Foreclosure

When you face foreclosure, you may have options that include:

Deed in lieu of foreclosure: This process involves transferring the title of your property to your lender, and relieves you from your mortgage debt.

Loan modification: You may be able to negotiate more favorable terms to reduce your monthly payments. This can also include extending the duration of the loan, negotiating a lower interest rate, or negotiating an overall lower principal balance.

Short sale: With a short sale, you sell your property for less than what you still owe on your mortgage. The remaining amount is sometimes forgiven by lenders, although this may not be the case in every situation.

An attorney can evaluate the unique facts and circumstances of your case to help you determine the next course of action.

How to Defend Against Foreclosure

You may also be able to raise a legal defense against your lender’s foreclosure action. Some of the possible defenses include:

Lack of standing – In order to file a lawsuit against you, your lender must be able to prove they hold the promissory note and mortgage. This can often be difficult to do, since mortgages often change hands through sale and transfer. You can attempt to raise doubts about your creditor’s standing.

Improper accounting of mortgage payments – You may be able to demonstrate that your lender violated your mortgage’s rules in some manner. This could include a failure to correctly charge costs, or even improperly crediting payments.

Violation of the FCCPA – Under the Florida Consumer Collection Practices Act, lenders are required to provide written notice to the borrower within 30 days of a mortgage transfer. If you did not receive this notice, you may be able to gain a favorable ruling.

Unclean hands – This defense depends on being able to prove that your lender engaged in some fraudulent or illegal transaction, or any oppressive conduct towards you.

Failure to provide adequate notice of default – According to most mortgage contracts, a lender must notify a borrower that their loan is in default, including the action that must be taken to cure the default, 30 days prior to initiating a foreclosure lawsuit.

Our debt relief attorneys have experience representing numerous homeowners in need throughout the Tampa Metro Area and the state of Florida. Let us help you explore your available avenues to better financial health.