Florida’s foreclosure laws, found in Florida Statutes, Chapter 702, both facilitate the foreclosure process and grant homeowners protection, offering them the opportunity to defend their rights.
Foreclosures in Florida are handled through a judicial foreclosure proceeding. This means that the decision to enter a decree of foreclosure is in the judge’s hands. However, you may have the opportunity to negotiate a better solution with your mortgage company. Lenders often lose money in foreclosure sales and, like you, may benefit from arranging an alternative.
The foreclosure lawyers at Miami Foreclosure Defense Law Office have extensive experience helping clients find alternatives to foreclosure. Do not hesitate to contact us for a free consultation. We will work hard to help you stay in your home.
Judicial Foreclosure Process
Notification: Under Florida foreclosure laws, lenders must notify homeowners in writing that they are entering the foreclosure process. This usually happens after three months of nonpayment. The lender must also file a “notice of lis pendens” to notify any prospective buyers that there is a foreclosure on the property.
Response to the complaint: Once you receive notice, our Miami foreclosure lawyers will help you prepare and file a response to the complaint to ensure that your rights are protected.
Motion to dismiss: At this point, you may be able to file a motion to dismiss the judicial foreclosure claim. The court will only dismiss a foreclosure complaint that has substantial errors. For example, if the lender did not notify you of the foreclosure in proper time, you may be able to temporarily dismiss the foreclosure action.
Motion for summary judgment: The lender will likely file a motion for summary judgment to attempt to gain a foreclosure judgment without having a trial. It is very helpful to have a foreclosure lawyer represent you at the hearing on the motion for summary judgment.
Request for mediation: At any time during the foreclosure process, you can request mediation with your mortgage company. Mediation is particularly helpful because it gives you a chance to negotiate an alternative to foreclosure, such as forbearance or a loan modification.
Foreclosure sale: If all else fails, your home will go into foreclosure sale. At the end of the sale, the successful bidder will receive the title to your home. If the sale does not provide enough money to pay off your mortgage, the lender may then request a deficiency judgment for the remaining amount due. Our Florida foreclosure attorneys do not want to see you reach this point and we will work hard to stop your foreclosure before it happens.
Contact Our Florida Foreclosure Defense Attorneys
Whether you are facing Condominium Foreclosure, Mortgage Foreclosure, Preventing or Avoiding Foreclosure or opting for Deed In Lieu of Foreclosure, contact our Attorneys. Their experience and familiarity with the financial challenges facing Florida owners makes our Miami Foreclosure Defense Law Office the best option to represent your interests. Contact us to get a free consultation!
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