Fighting Foreclosure with a Foreclosure Attorney
Are you in need of a foreclosure attorney in Boca Raton, Fort Lauderdale or West Palm Beach? Klein Law Group offers experienced foreclosure defense services to meet the needs of South Florida homeowners facing potential foreclosure. Homeowners that are struggling to keep up with regular mortgage payments may fear that there is nothing that can be done to prevent home foreclosure, but with an experienced attorney on your side, you are better able to rigorously defend yourself against foreclosure, with the goal of retaining your home.
In the state of Florida, the only way a lender can initiate the foreclosure process is by filing a lawsuit against you in the Circuit Court. If this happens, you have the right to fight back, but you must act quickly since you only have twenty days to respond from the time you receive the lawsuit documents. If a response is not filed with the court within twenty days, your defense options are seriously limited and the foreclosure process will move very quickly.
Rather than sitting back and letting lenders get the upper-hand in the foreclosure process, it is best to obtain solid legal representation. A compassionate yet aggressive lawyer, and one that is experienced with the specific laws regarding foreclosure in South Florida, is your best defense against lenders and their legal teams that stand between you and your home.
Our experienced foreclosure attorneys will defend you against illegal or unscrupulous attempts by lenders to foreclose on your home. Even if the foreclosure suit has merit and there is no way to reverse the foreclosure process, we will make sure that every step in the process is followed in the proper time frame and sequence, slowing down the process and providing you with the time to consider other alternatives that may allow you to retain ownership of your home and property. We will also make the lender prove they have the right to foreclose on your home.
In addition to defending your foreclosure suit, we will help you explore your options, including refinancing, mortgage modification, deed in lieu of foreclosure, bankruptcy and short sale, and will provide advice and guidance as you determine the best way to proceed. By considering other financial and legal options, you can potentially protect your investment rather than losing it to your lender.
No one should have to lose their home to foreclosure when faced with difficult financial circumstances, yet the reality is that foreclosures are a common occurrence in South Florida. That is why the lawyers at Klein Law Group are dedicated to helping homeowners fight to keep their homes. We will work to protect your home against foreclosure, help you negotiate with your bank or mortgage lender, and also represent you if you choose to pursue a short sale on your home. Foreclosure is not something that homeowners should face alone, and a trusted and experienced foreclosure attorney can defend your rights and help you explore financial options that will be more advantageous to you rather than simply losing your home to foreclosure.
For more information about how we can help you defend against foreclosure in Boca Raton, Fort Lauderdale or West Palm Beach, or to schedule a free no-obligation consultation to discuss your financial and legal options, contact us at (561) 353-2800 or fill out the form on the side of this page.
Why should you hire a foreclosure defense attorney?
When it comes to facing foreclosure, hiring a foreclosure defense attorney is one of your best options. Laws surrounding foreclosure can be too complex for you to understand on your own and this might cause you to commit costly errors or overlook options that can protect your investment. Here are just a few reasons why hiring a lawyer is the right step to take.
- There are certain parts of foreclosure that require immediate attention. Hiring a lawyer means you have someone by your side to review your case and make sure you comply with all the requirements within the given time frame.
- They offer consultations that provide you with as much information as you need. Consultations are a great opportunity for you to present your situation to a lawyer. He or she can look into the statements sent by your creditor so they can decide what is the best course of action to take.
- Foreclosure cases don’t always have to go to court. Some cases can be settled outside the courtroom. Convincing the bank to compromise is a tough task, and a lawyer’s experience with the law can make this a more likely outcome.
Questions to ask a foreclosure attorney
A reliable foreclosure attorney can provide you with the legal assistance you need while in the middle of a complicated situation. There are many lawyers out there claiming that they can deliver what you need. But how will you be able to choose the right one? You need to start asking the right questions in order to gauge their skills and experience.
- What course of action do you recommend? There are many options to choose from when it comes to fighting foreclosure. Your lawyer might suggest any of the following: fight the foreclosure in court, get a loan modification or file bankruptcy.
- How much experience do you have in representing homeowners in court? Your lawyer should have many years of experience in handling cases similar to yours. Ask them how many foreclosure cases the lawyer has litigated in court.
- Are you licensed to practice law in this state? This is a very basic question to ask because there are lawyers out there who take advantage of someone’s unfortunate situation. They offer their services even if they are not licensed to do so. Be wary of this scam. Ask for proof that they are indeed licensed in the state of Florida, then go to www.floridabar.org to confirm they are licensed in the state of Florida.
Frequently asked questions about foreclosure
Foreclosure is a process in which a lender (a bank, mortgage company, or other lender) takes possession of a home or property or forces the sale of the property in order to recover an unpaid balance on a home loan in which the borrower has failed to make payments. When this occurs, the borrower’s rights to the property are terminated and they lose their home.
The threat of foreclosure has become increasingly common among homeowners in the United States in recent years due to a struggling economy. Issues such as job loss, extended unemployment, divorce, illness, death, and other crises that affect a homeowner’s ability to keep up with mortgage payments have resulted in more and more lenders pursuing foreclosure as a means to recover their investments.
Prior to a lender filing a foreclosure lawsuit, the lender will send a Notice of Default (NOD) to borrowers that have missed a few payments. This letter reminds the borrower that they have violated the terms of the mortgage by not making payments and warns that if the payments are not promptly made, the lender will file a foreclosure lawsuit. At this point, the process hasn’t legally begun because a suit hasn’t yet been filed in court, and this is the best time to either catch up on missed payments or try to make arrangements with the lender such as refinancing or mortgage modification.
If payments or other arrangements aren’t made after receiving the Notice of Default, the only way a lending company in the state of Florida can initiate foreclosure on your home is by filing a lawsuit against you in the Circuit Court in the county in which the property is located. Once this happens, you are served with notice of the foreclosure. You then have twenty days to respond once you have been served with notice of the foreclosure lawsuit. A response must be filed with the court within that timeframe or your defense options under the law are seriously limited and the foreclosure is likely to continue through to completion very quickly.
It is imperative to file a response within the twenty day window because it buys borrowers more time to consider other options that will help them keep their home and protect their investment. In some cases, homeowners can delay the sale of their property for as much as two years. However, once a lender files a motion for summary judgment and the motion is granted, a sale date is set for the property (usually 35 days from the time of the summary judgment). Once the sale occurs, the homeowner loses their home and must vacate the property.
An attorney can work with borrowers to halt or slow down the foreclosure process and can also help homeowners pursue other means of retaining their homes or protecting their investments. Knowledgeable, compassionate and trusted lawyers will provide guidance, file legal documentation, communicate with the lender’s counsel and the court, and will work to defend your rights.
The “20-day foreclosure clock” refers to the twenty days you have from the time you are served with notice that a lawsuit of foreclosure has been filed against you to file a response with the courts in defense of the foreclosure. This timeframe goes by very quickly, especially when you are already dealing with the stresses of financial difficulties and the prospect of losing your home. That is why the best defense you have to protect yourself is to quickly obtain the services of an experienced and compassionate lawyer that can provide you with the information and guidance you need to most appropriately defend yourself. If this timeframe passes by without you filing a formal response to the lawsuit, your defense options are seriously limited by the law and it is likely that the foreclosure will proceed through to completion very quickly. If you are facing financial difficulties and have not been able to keep up with mortgage payments on your home, your lender may initiate foreclosure proceedings against you. In some cases, a knowledgeable and aggressive law firm can halt the process by showing proof that the lawsuit does not have merit or is illegal. This can happen in circumstances in which the foreclosure is based on a predatory loan or the lender does not have the legal authority to initiate foreclosure (for example, they don’t actually own the loan or don’t have the original promissory note and mortgage).
There are other options for avoiding foreclosure, even if the process has begun. Financial and legal options such as refinancing, mortgage modification, a deed in lieu of foreclosure agreement, bankruptcy and a short sale can help you protect your investment. Many homeowners do not realize that they can negotiate with lenders to modify the terms of their loan so that they can continue to make payments and avoid foreclosure. Discussing all options and determining which one best meets the specific criteria related to your financial situation is the best way to proceed.
Even if a lender has initiated a lawsuit against you, there are a variety of options that afford you the possibility of keeping your home. For one, a lawyer can fight the lawsuit. Although these cases are often difficult, there are issues that can result in halting a foreclosure lawsuit. There are also other options that you can consider for retaining your home and warding off foreclosure, such as refinancing and mortgage modifications, a deed in lieu of foreclosure, and bankruptcy. Of course, if you can come up with the finances to pay the lender what is owed on your mortgage, you can stop the foreclosure process. The important thing to remember is that if you are served with notice of a foreclosure lawsuit, you must act quickly to respond to the suit and determine the most effective way to proceed, given the circumstances and your ability to make payments, so that you have the best chance of retaining your home.
Homeowners struggling with financial difficulties have a lot on their mind, and knowing that a lender is taking steps to foreclose on their home adds greatly to the stress and confusion. Most people facing foreclosure have many questions regarding their options for defending against foreclosure and saving their home. We are happy to answer any questions you may have and offer a free, no-obligation consultation. Simply call us at (561) 353-2800 to speak to one of our foreclosure attorneys, or fill out the form on the side of this page and we will contact you.
The first thing our lawyers will do is to offer you a free consultation to discuss your case. Once we have more information about the details surrounding your foreclosure, we will provide you with options related to defending the lawsuit and will also discuss alternatives with you that may help you protect yourself and your investment, such as refinancing, mortgage modification, a deed in lieu of foreclosure agreement, bankruptcy and short sale. If you choose to have us defend your foreclosure case, we will file a response to the lawsuit within the twenty-day window allowed by law and will work tirelessly to defend your rights to keep your home. Every foreclosure defense is different, depending on the client’s circumstances, so we will tailor our defense and our legal and financial guidance to best fit your unique situation.
We offer legal services in Boca Raton, West Palm Beach, Delray Beach, Boynton Beach, Fort Lauderdale, and surrounding areas.