With foreclosure-related stories dominating national headlines almost on a daily basis, it's easy to forget that many Florida homeowners are unaware of the basics when it comes to foreclosure defense. That said, let me dispel some of the myths and review the basics:
1. As a Florida homeowner, you don't need to leave your home until such time as the bank 'wins' a foreclosure lawsuit. As such, even if you're hopelessly behind on your mortgage, you don't have to leave your home. Even if the bank writes you a default letter and sends it by certified mail, files suit against you, and threatens you on the phone, you don't have to leave your home. You don't need to leave your home until such time as the bank 'wins' a foreclosure lawsuit; which with an experienced foreclosure defense attorney, can be a very long time.
2. As a Florida homeowner,
you are entitled to have a foreclosure defense attorney represent you during the entire foreclosure process. In my view, my job as a foreclosure defense attorney is quite simple - to do whatever I can, within the law and consistent with my ethical obligations as an attorney, to try to prevent banks from winning foreclosure lawsuits against my clients. My goal is to do such a good job that the bank will offer my client a reasonable settlement offer and/or loan modification that it otherwise would not offer
3. Most homeowners think it's easy for the bank to win a foreclosure lawsuit. That's not necessarily so. When foreclosure defense attorneys such as me force the banks lawyers to prove their entitlement to foreclose in court, banks sometimes struggle to meet their burden of proof. Every case is different, and there's no way to know for sure how any particular case will play out in court. That said, it's possible the bank's lawsuit will get dismissed. It's possible, once you retain a competent and reputable foreclosure defense attorney, that the bank will be hesitant to go to court altogether. It's possible the court will deny the bank's motion for summary judgment and force the bank to prove its entitlement to foreclosure at trial (which would extend the duration of the foreclosure lawsuit and, hence, your time in your home). The court process, candidly, can be a bit uncertain. In my view, though, uncertainty is better than giving up and accepting foreclosure on your home.
As we've seen with the huge, national stories in recent weeks, nobody knows for sure what the future will bring. If you give up, foreclosure is all but set in stone. But if you defend your foreclosure lawsuit, you just may be able to stay in your home, perhaps for a very long time, or even avoid foreclosure altogether.
Now more than ever, it's time for homeowners to hire an experienced foreclosure defense attorney. DO NOT let your foreclosure go uncontested!
If you are facing a foreclosure in Florida or are considering a loan modification, short sale, strategic default or other options, contact the for a confidential appointment to discuss your options. Call
(561) 392-7031
.